Judge: James A. Mangione, Case: 37-2021-00005228-CU-PN-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/24/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Professional Negligence Summary Judgment / Summary Adjudication (Civil) 37-2021-00005228-CU-PN-CTL FAREED VS GOLDSCHMIDT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Deon Goldschmidt and Deon Goldschmidt Attorneys, APC's Motion for Summary Judgment is denied.

'The point of the separate statement is not to craft a narrative, but to be a concise list of the material facts and the evidence that supports them. The separate statement serves two important functions in a summary judgment proceeding: It notifies the parties which material facts are at issue, and it provides a convenient and expeditious vehicle permitting the trial court to hone in on the truly disputed facts.' (Beltran v. Hard Rock Hotel Licensing, Inc. (2023) 97 Cal.App.5th 865, 875 (quotation marks omitted), review filed (Jan. 16, 2024).) 'The moving party must include only material statements of fact, not incidental and background facts. The opposing party must concede facts that are truly undisputed and only add facts that are material. . . .Trial courts should not hesitate to deny summary judgment motions when the moving party fails to draft a compliant separate statement – and an inappropriate separate statement includes an overly long document that includes multiple nonmaterial facts in violation of the Rules of Court.' (Id. at 876 (footnote omitted).) The Court finds that Defendants' separate statement fails to comply with the Rules of Court and CCP § 437c(b)(1). The separate statement submitted by Defendant improperly contained argumentative statements, inadmissible opinion testimony and non-material facts. Additionally, most of the 'facts' in the separate statement are actually paragraph long assertions grouped together as one fact. As the separate statement fails to serve either of its intended purposes, the Court finds it appropriate to deny summary judgment.

The minute order is the order of the Court.

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