Judge: Matthew C. Braner, Case: 37-2023-00028291-CU-FR-CTL, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 06, 2024

06/07/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2023-00028291-CU-FR-CTL EKEYA VS LYNN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Shannon Lynn's motion for summary judgment is DENIED without prejudice for failure to support the motion with a separate statement.

The papers supporting a motion for summary judgment 'shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed.' (Code Civ. Proc., § 437c, subd. (b)(1).) 'The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.' (Ibid.) Here, Defendant's motion lacks a separate statement, rendering it unnecessarily difficult for the court to identify and assess the facts material to Plaintiff Andrew Ekeya's claim for fraud. This failure is exacerbated by Defendant's failure in the memorandum to identify the law applicable to Plaintiff's claim, and apply the evidence submitted to the applicable law.

Accordingly, the court will exercise its discretion and deny the motion for failure to support the motion with a separate statement.

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