Judge: James A. Mangione, Case: 37-2022-00029661-CU-BC-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2022-00029661-CU-BC-CTL SKINNER VS KOEHLER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Kate Koehler's Motion for Summary Judgment is denied. The Motion for Summary Adjudication is granted in part and denied in part.

A defendant moving for summary judgment has met his or her burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (Code Civ. Proc., § 437c(o)(2).) The defendant bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If the defendant carries the burden of production, the burden shifts to the plaintiff to make his or her own prima facie showing of the existence of a triable issue of fact.

(Ibid.) 'There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof. [Fn. omitted.]' (Ibid.) Summary adjudication may be granted on the same grounds, so long as it 'completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.' (CCP § 437c(f)(1).) Here, Plaintiff claims can be separated into contract claims seeking possession of real property (First, Second, Third, Fourth and Eighth Causes of Action; collectively, 'Contract Claims') and tort claims alleging fraud and/or emotional damages (Fifth, Sixth, Seventh and Ninth Causes of Action; collectively 'Tort Claims'). Defendant has produced evidence in the form of property deeds and an unlawful detainer court ruling sufficient to satisfy her prima facie burden as to the nonexistence of any triable issue of fact on the Contract Claims. Plaintiff has failed to produce any evidence demonstrating a triable issue of fact.

Therefore, summary adjudication is granted as to the Contract Claims. However, Defendant has failed to produce any evidence to support her prima facie burden as to the Tort Claims. Therefore, summary adjudication of those causes of action are denied.

The Court did not consider Plaintiff's untimely opposition, filed on October 3, 2023 because it is not accompanied by a proof of service. As such, it is unclear to the Court whether this document has been properly served on Defendant.

All requests for judicial notice are granted.

The minute order is the order of the Court.

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