Judge Joel R Wohlfeil, Case 37-2022-00031593-CU-BC-CTL 2023-09-08 Tentative Ruling

Judge: Joel R Wohlfeil, Case: 37-2022-00031593-CU-BC-CTL, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 05, 2023

09/08/2023 09:00:00 AM C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2022-00031593-CU-BC-CTL MONSTERPEEPS LLC VS BAKEN LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 06/22/2023

The Motion (ROA # 138, 141) of Defendant Saehyun Heo ('Heo') for summary judgment on all claims asserted in the Second Amended Complaint ('SAC') by Plaintiffs MonsterPeeps LLC and Wozniak Distribution LLC (collectively 'Plaintiffs'), is DENIED.

Heo's Request (ROA # 146) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of nos. 'B and D' and the date only on which no. 'A' was filed with the Court; otherwise, the Request is DENIED.

Plaintiffs' Request (ROA # 238) for judicial notice is GRANTED.

A notice of motion must state in writing the grounds upon which it will be made. Gonzales v. Superior Court (1987) 189 Cal. App. 3d 1542, 1545.

Only the grounds specified in the notice of motion may be considered by the Court. Id. This rule has been held to be especially true in the case of motions for summary adjudication of issues.

Id.

The language in Code of Civil Procedure section 437c subdivision (f) makes it clear that a motion for summary adjudication cannot be considered by the Court unless the party bringing the motion duly gives notice that summary adjudication is being sought. Id. at 1545, 1546.

If a party desires adjudication of particular issues or sub-issues, that party must make its intentions clear in the motion. Id. at 1546.

It would be unfair to grant a summary adjudication order unless the opposing party was on notice that an issue-by-issue adjudication might be ordered if summary judgment was denied. Homestead Savings v. Superior Court (1986) 179 Cal. App. 3d 494, 498.

In this case, the Notice of Motion seeks summary judgment of the entire SAC. It does not seek to separately summarily adjudicate each cause of action. This conclusion is buttressed by the format of the accompanying Separate Statement. It contains a single list of fact issues that is not separated into the different causes of action. See California Rules of Court, Rule 3.1350(d). Therefore, this Motion is limited to one seeking summary judgment of the entire SAC.

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2988661 CASE NUMBER: CASE TITLE: MONSTERPEEPS LLC VS BAKEN LLC [IMAGED] 37-2022-00031593-CU-BC-CTL If there is one, single material fact in dispute, a motion for summary judgment must be denied. Edmon & Karnow, Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group 2023) at ¶ 10:28.

In this case, the evidence presented by the parties demonstrate disputes as to Separate Statement fact numbers 9 - 11, 13, 14 - 19, 21, 22, 24 - 26, 29, 31 - 34 and 43. Summary judgment is denied on this basis. In short, disputed facts exist regarding Defendant Heo's role as an officer and principal in the subject companies, and the extent to which the business enterprises of the individual Defendants and the various entity Defendants were commingled.

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2988661