Superior Court of California 

County of Los Angeles 

Department 78 

¿ 

 

I. BACKGROUND 

Plaintiff Shayan Capital, LLC (“Plaintiff”) filed a Second Amended Complaint (“SAC”) against defendants Palmdale Center, LLC, 26 PALMS, LLC, Royal Western Properties, LLC, Ebby Shakib, Jamshid Goltche, and Does 1 through 100 alleging default on a business loan. The SAC sets forth three causes of action for (1) breach of written contract, (2) breach of written guaranty, and (3) declaratory relief. 

On July 24, 2024, Plaintiff filed a motion for summary judgment against defendants Ebby Shakib (“Shakib”) and Jamshid Goltche. 

On September 25, 2024, Shakib filed an opposition to the motion, in addition to various objections. 

Any reply was due on or before October 2, 2024; none has been filed to date. 

 

II. DISCUSSION 

Without this Court delving into the substance of the motion, the Court notes deficiencies with Plaintiff’s motion meriting its denial. 

First, Plaintiff’s memorandum exceeds the page limit at 23 pages. Plaintiff did not previously seek leave to exceed the page limit. “In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages.” (CRC, Rule 3.1113(d).) “A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper.” (CRC, Rule 3.113(g).) 

Second, Plaintiff’s separate statement fails to conform with CRC, Rule 3.1350. “The separate statement must be in the two-column format specified in (h). The statement must state in numerical sequence the undisputed material facts in the first column followed by the evidence that establishes those undisputed facts in that same column. Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers.” (CRC, Rule 3.1350(d)(3) [emphasis added].) A chart providing an example of the proper format is provided for in CRC, Rule 3.1350(h). Here, Plaintiff’s two-column separate statement places the material facts in column one, and the supporting evidence in column two instead of leaving the second column open for the opposing party’s response and supporting evidence. 

Third, Shakib argues that Plaintiff fails to cite its own separate statement in its memorandum, and therefore it is unclear as to whether Plaintiff is relying on facts given in the separate statement. Shakib contends the memorandum routinely cites to evidence that is not contained in the separate statement. Indeed, “The separate statement serves two important functions in a summary judgment proceeding: it notifies the parties which material facts are at issue, and it provides a convenient and expeditious vehicle permitting the trial court to hone in on the truly disputed facts.” (Collins v. Hertz Corp. (2006) 144 Cal. App. 4th 64, 74.) The Court briefly reviewed Plaintiff’s memorandum, and it is not apparent whether the undisputed material facts argued are contained in the separate statement. As Shakib contends, this is unfair to the opposing party due to the uncertainty of identifying which are the relevant material facts the opposing party must address. Every motion for summary judgment should be accompanied by separate statement setting forth plainly and concisely all material facts which moving party contends are undisputed; facts stated elsewhere need not be considered by court, and failure to comply with rule constitutes ground for denial at court's discretion. (Fleet v. CBS, Inc. (1996) 50 Cal. App. 4th 1911, 1916.) 

 

III. CONCLUSION 

Based on the foregoing, Plaintiff’s motion for summary judgment is DENIED. 

 

Moving Party is ordered to give notice. 

 

DATED: October 8, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.