Judge: Keri G. Katz, Case: 37-2015-00033538-CU-CD-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Construction Defect Summary Judgment / Summary Adjudication (Civil) 37-2015-00033538-CU-CD-CTL CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Cross-Defendants Glenn A. Rick Engineering and Development Co. and Atkins North America, Inc.'s joint motion for summary judgment is DENIED.

In their notice of motion, moving parties seek summary judgment as to the cross-complaint filed by Cross-Complainants Taylor Morrison of California, LLC and Santaluz, LLC. The cross-complaint alleges six causes of action against moving parties: equitable/total/partial/indemnity, express indemnity, breach of contract-duty to defend, breach of express warranty, breach of implied warranty and declaratory relief.

However, moving parties state as grounds for summary judgment that there are no triable issues of material fact as to 'Plaintiff's first cause of action for strict liability and second cause of action for negligence' [emphasis added]. Moving parties do not identify or discuss the grounds for summary judgment specific to each of the causes of action pled in the Taylor Morrison/Santaluz cross-complaint.

Instead moving parties base their motion as to the Taylor Morrison/Santaluz cross-complaint exclusively on the argument that if Plaintiff's complaint is barred, the Taylor Morrison/Santaluz cross-complaint is moot. Specific to Santaluz, moving parties fail to address the non-indemnity based causes of action for breach of express and implied warranties. Without establishing the absence of triable issues of material fact as to each of the causes of action pled in the Taylor Morrison/Santaluz cross-complaint, the court finds moving parties fail to meet their burden on summary judgment. CCP § 437c(p)(2). See also, Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 486, 493 [pleadings frame the scope of the issues on summary judgment]. The court is not persuaded by moving parties' reliance on FNB Mortg.

Corp. v. Pacific General Group (1999) 76 Cal.App.4th 1116, because, unlike the facts now before this court, the plaintiff and defendant/cross-complainant in FNB settled the plaintiff's complaint prior to the cross-defendant seeking summary judgment against the defendant/cross-complainant. Also, there is no discussion in FNB of whether the moving party's motion papers sufficiently addressed all of the causes of action pled in the cross-complaint at issue.

In light or this ruling, the court does not reach the evidentiary issues. CCP § 437c(q).

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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