Judge: Steven A. Ellis, Case: 21STCV36581, Date: 2025-01-30 Tentative Ruling

Case Number: 21STCV36581    Hearing Date: January 30, 2025    Dept: 29

Merlos v. Jakubczak
21STCV36581

Motion for Summary Judgment filed by Defendant PV Holding Corp.

Tentative

The Court will call this matter.

Defendant PV Holding Corp. (“PV”) moves for summary judgment. PV filed its motion, along with a Separate Statement, a declaration from its counsel (Michael Moon), and a proposed order. In its Separate Statement, PV cites extensively to a Declaration of Jeanne Motosko for most of all of the critical points. The Court has reviewed the file and does not see that PV has filed a Declaration of Jeanne Motosko, whether with the moving papers or on some other date.

The Court will inquire of counsel regarding whether Ms. Motosko’s declaration was filed and served and, if not, whether there is any basis for granting the motion without it.

The Court recognizes that the motion is not opposed, but even absent an opposition the Court cannot grant a motion for summary judgment unless the moving party meets its initial burden. (See Code Civ. Proc., § 437c, subd. (p)(2); Thatcher v. Lucky Stores (2000) 79 Cal.App.4th 1081, 1085-1086.)