Judge: Nick A. Dourbetas, Case: 2020-01140898, Date: 2022-12-09 Tentative Ruling

1. Motion for Leave to File Amended Cross-Complaint

2. Motion for Summary Judgment and/or Adjudication

Motion 1:

Cross-complainant, Stone Ridge Estate Homeowners Association’s motion for leave to file a first amended cross-complaint is GRANTED. 

The proposed FACC is attached as an exhibit to the moving papers, therefore Moving Party shall electronically file the FACC with the clerk for the court’s file.

Upon the filing of the FACC, the FACC is deemed served upon all parties who have appeared herein.

Motion 2:

Cross-defendant, Artistic Maintenance, Inc.’s motion for summary judgment – adjudication against the cross-complainant of Stone Ridge Estate Homeowners Association is DENIED in its entirety.

Moving Party has not met its initial burden showing it did not cause or contribute to plaintiffs’ damages.  Plaintiffs’ contend the damage was sustained, in part, by “irrigation and poor drainage conditions” on the property.  Moving Party has not offered any evidence it was not responsible for the maintenance of the irrigation system or that the irrigation system did not, in fact, cause plaintiffs’ damages. 

Even if Moving Party had met its initial burden, there are triable issues of fact as to UMF# 12, 13, 15, 19, 20 and additional material facts #1-14. 

Artistic Maintenance Inc.’s request for judicial notice is granted.

Stone Ridge Estate Homeowners Association’s shall give notice of all the above.