Judge: Laura A. Seigle, Case: 19STCV35344, Date: 2022-12-22 Tentative Ruling

Case Number: 19STCV35344    Hearing Date: December 22, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTION FOR SUMMARY ADJUDICATION

            Defendant Belden Wire & Cable, LLC filed a motion for summary adjudication on the ground that Plaintiffs William Gaborko and Mary Gaborko cannot show Defendant acted with malice, oppression or fraud.  Plaintiffs did not file an opposition.

            Defendant served a special interrogatory asking for all facts supporting the claim for punitive damages, and Plaintiffs responded in a conclusory manner without citing any specific evidence.  (Undisputed Material Facts (“UMF”) 5; Exhibit D at pp. 7-8, 20.)  The only product identification witness testified he has no knowledge that Defendant active with malice, oppression or fraud.  (UMF 7.)  This evidence was sufficient to shift the burden to Plaintiffs.  Because Plaintiffs did not file an opposition, they did not show the existence of any disputed issue of material fact.

            Therefore, Defendant Belden Wire & Cable, LLC’s motion for summary adjudication is GRANTED. 

            The moving party is to give notice.