Judge: Theresa M. Traber, Case: 23STCV05976, Date: 2025-03-13 Tentative Ruling
Case Number: 23STCV05976 Hearing Date: March 14, 2025 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE: March 13, 2025 TRIAL
DATE: September 2, 2025
CASE: Farzad Samih v. Sonia Samih, et al.
CASE NO.: 23STCV05976 
MOTION
FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
MOVING PARTY: Defendant Sonia Samih, individually and as trustee of
the Sonia Samih Living Trust
RESPONDING PARTY(S): Plaintiff Farzad
Samih
CASE
HISTORY:
·
03/17/23: Complaint filed.
STATEMENT
OF MATERIAL FACTS AND/OR PROCEEDINGS:
This is a real property dispute between brother and sister. Plaintiff
alleges that Defendant, his sister, took advantage of Plaintiff’s disability to
induce him to sign away his rights to a parcel of property jointly owned by the
siblings under false pretenses.
Defendant moves for summary
judgment, or, in the alternative, summary adjudication.
TENTATIVE RULING:
Defendant’s
Motion for Summary Judgment is DENIED.
Defendant’s
Motion for Summary Adjudication is DENIED.
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DISCUSSION:
Motion for Summary Judgment
Defendant
moves for summary judgment. As Defendant has not drafted a compliant Separate
Statement of Undisputed Material Facts, Defendant’s Motion for Summary Judgment
is DENIED. (Code Civ. Proc. § 437c(b)(1).
Motion for Summary Adjudication
Defendant moves in the alternative
for summary adjudication.
In bringing a motion for summary
judgment or summary adjudication, the supporting papers must include “a
separate statement setting forth plainly and concisely all material facts that
the moving party contends are undisputed.” (Code Civ. Proc. § 437c(b)(1).) “The
requirement of a separate statement from the moving party and a responding
statement from the party opposing summary judgment serves two functions: to
give the parties notice of the material facts at issue in the motion and to
permit the trial court to focus on whether those facts are truly undisputed.” (Parkview
Villas Assn., Inc. v. State Farm Fire & Casualty Co. (2005) 133
Cal.App.4th 1197, 1210.) On a motion which seeks summary adjudication, whether
separately or in the alternative, “the specific cause of action, affirmative
defense, claims for damages, or issues of duty must be stated specifically in
the notice of motion and be repeated, verbatim, in the separate statement of
undisputed material facts.” (Cal. Rules of Court Rule 3.1350(b) [emphasis
added].) Subsection (d) of Rule 3.1350 sets forth the required content of a
Separate Statement, including, inter alia, the requirement that the
Separate Statement separately identify each fact stated to be material
as to each cause of action. (Id. Rule 3.1350(d).)
Defendant’s Separate Statement
complies with none of these requirements. Although the Notice of Motion
identifies each cause of action individually at issue, the Separate Statement itself
does not reproduce the Notice of Motion verbatim. Defendant has also elected to
incorporate numerous material facts by reference with respect to each claimed
issue, which is contrary to the express requirements of Rule 3.1350(d). Defendant’s
noncompliant Separate Statement would require the Court to guess the
materiality of the proffered facts to each of the ten remaining causes of
action at issue. In particular, it is not at all clear whether lists of
incorporated facts for each issue are in fact material to its resolution or
merely background facts that should not be considered in ruling on each
issue. (Beltran v. Hard Rock Hotel
Licensing, Inc. (2023) 97 Cal.App.5th 865, 876 [a compliant Separate
Statement must only include material facts, not incidental and background
facts].) The Separate Statement thus does not serve the critical function of
permitting this Court to focus on whether the material facts as to each issue
targeted in the motion are truly undisputed.
The failure to provide a separate
statement is, in the Court’s discretion, grounds for denial of the motion.
(Code Civ. Proc. § 437c(b)(1).) Moreover, appellate precedent has consistently
encouraged trial courts to require strict compliance with the requirements for
separate statements. (United Community Church v. Garcin (1991) 231
Cal.App.3d 327, 335 [superseded by statute on other grounds]; North Coast
Business Park v. Nielsen Construction Co. (1993) 17 Cal.App.4th 22, 30-32.)
As the Court of Appeal for the Fourth District bluntly stated this past
December, “[t]rial courts should not hesitate to deny summary judgment motions
when the moving party fails to draft a compliant separate statement.” (Beltran
v. Hard Rock Hotel Licensing, Inc., supra, at p. 876.) The Court will heed
that exhortation.
As the Court is denying the motion
on the grounds of a noncompliant separate statement, Defendant’s request for
judicial notice is DENIED as irrelevant. (Gbur v.
Cohen (1979) 93 Cal.App.3d 296, 301 (“[J]udicial notice . . . is always
confined to those matters which are relevant to the issue at hand.”].)
On the same basis,
the Court declines to rule on the evidentiary objections offered by both
parties as the evidence at issue is not material to the Court’s ruling. (Code
Civ. Proc. § 437c(q).)
Accordingly,
Defendant’s Motion for Summary Adjudication is DENIED.
CONCLUSION:
Accordingly,
Defendant’s Motion for Summary Judgment is DENIED.
Defendant’s
Motion for Summary Adjudication is DENIED.
Moving
Party to give notice.
IT IS SO ORDERED.
Dated: March 13, 2025 ___________________________________
Theresa
M. Traber
Judge
of the Superior Court
Any party may submit on the
tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day
before the hearing. All interested parties must be copied on the email. It should
be noted that if you submit on a tentative ruling the court will still conduct
a hearing if any party appears. By submitting on the tentative you have, in
essence, waived your right to be present at the hearing, and you should be
aware that the court may not adopt the tentative, and may issue an order which
modifies the tentative ruling in whole or in part.