Department 30, Spring Street Courthouse 

20STCV25767

Motion for Clarification of Court’s November 14, 2022 Ruling on Defendant’s Motion for Summary Judgment filed by Defendant Benham Makabi Coroghli

The motion is denied.

Moving party to provide notice.

This is an action for motor vehicle negligence arising from a vehicle collision which took place in July 2018. Plaintiff Maria Perez filed her Complaint against Benham Makabi Coroghli on July 9, 2020.

On November 14, 2022, the Court denied Defendant’s motion for summary judgment.

On December 9, 2022, Defendant filed the instant motion for clarification.

Moving Arguments

Defendant moves for orders clarifying the Court’s November 14, 2022 ruling on his motion for summary judgment. Defendant argues that the order was ambiguous as to whether the Court made a determination as a matter of law that no contract was formed. 

Opposing Arguments

None filed.

Defendant cites Code Civ. Proc., section 128(a)(8), which states that a court is authorized to “amend and control its process and orders so as to make them conform to law and justice.”

Defendant seeks clarification of the Court’s November 14, 2022 order denying summary judgment. Specifically, Defendant seeks orders stating whether denying the motion was a determination as a matter of law that there was no settlement contract between the parties. Defendant states that if there were merely triable issues of fact concerning the parties’ settlement agreement, then Defendant would be allowed to submit evidence for a final verdict on his affirmative defense of breach of settlement contract. If the Court made a determination as a matter of law that there was no settlement contract, then Defendant would be precluded from addressing the matter at trial.

Summarily adjudicated matters are binding and deemed established at trial. (Code Civ. Proc., section 437c(n)(1).) With respect to causes of action or defenses as to which summary judgment or adjudication was not sought or was denied, the causes of action/defenses are not barred at trial. (Code Civ. Proc., section 437c(n)(2).) 

Here, summary judgment was denied as to Defendant’s breach of contract defense. The defense is not barred at trial. No further clarification or amendment to the Court’s November 14, 2022 order is necessary.