Judge: Nathan R. Scott, Case: Dang v. Garcia, Date: 2022-12-23 Tentative Ruling

Plaintiffs Phat Thanh Dang and John Dang’s motion for summary judgment is denied.  (See Code Civ. Proc. § 437c.)

Plaintiffs fail to meet their initial burden to show each element of its causes of action.  (See Code Civ. Proc., § 437c, subd. (p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851 [burden].)

While plaintiffs’ rely on defendants’ admissions the Residential Purchase Agreement and Seller’s Counter Offer No. 1 are authentic, the opposition assert there was no meeting of the minds.  (See Opp. at p. 3-4.)  In the discovery responses offered with the motion, defendants dispute the documents reflect the parties’ true agreement.  (See Tran decl. Exs. 3, 5-6, 12.)

Moreover, as the opposition notes, the motion relies on the closing date being extended.  (See Opp. at pp. 3-4.) 

To show that extension, plaintiffs rely on the Extension of Time Addendum and the “per diem” provision of the Seller’s Counter Offer No. 1.

But plaintiffs never asked defendants to admit the authenticity of the Extension of Time Addendum.  (Compare Tran decl. Exs. 1 & 7 [RFAs] with Ex. 11 [Extension].)  While plaintiffs’ infer its authenticity from defendants’ general authorization of their broker “to execute the required documents” (Pl. SSUF ¶ 11), the moving party’s evidence is strictly scrutinized on summary judgment and reasonable inferences should be drawn in favor of the opposition.  A reasonable counter-inference could be drawn that the Extension was not “required.”

Similarly, while Seller’s Counter Offer No. 1 provides for a daily penalty if closing is delayed, a reasonable inference could be drawn that it does not allow an indefinite or unreasonably prolonged delay.  The reasonableness of an 11-day delay is a question of fact.

As plaintiffs’ own evidence fails to meet their initial burden, defendants’ failure to support their contentions with additional evidence is immaterial.

The court exercises its discretion to consider the untimely reply brief.

Plaintiffs shall give notice.