Judge: Nick A. Dourbetas, Case: 2021-01179073, Date: 2023-08-18 Tentative Ruling

1. Motion for Summary Judgment and/or Adjudication

2. Motion for Summary Judgment and/or Adjudication

Motion No. 1:

Plaintiff Aphay Soukaseume’s motion for summary adjudication as to the negligence and breach of fiduciary duty claims asserted against defendant Alan Phu Pham, individually and doing business as Premier Realty & Finance Group (collectively, “Alan”) is DENIED.  Plaintiff has not met her burden showing she can prove each element of her claim.  In this case, plaintiff has not shown defendant caused her damage.  See Code Civ. Proc., § 437c, subd. (p)(1) [burden]); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 [same]

Even if plaintiff had met her initial burden, there is a triable issue of fact as to UMF #27.

Motion No. 2:

Plaintiff Aphay Soukaseume’s motion for summary adjudication as to the claims asserted against defendant Linh Duc Pham, individually and doing business as First Services and/or First Services Escrow is GRANTED in its entirety. 

Plaintiff has submitted sufficient evidence to show she will prevail on each of the claims asserted against this Responding Party defendant.  As there is no opposition, Responding Party has not met the now shifted burden showing a triable issue of fact thereto.

Moving Party to give notice of all the above.