Excerpt: ...is by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlse...

Excerpt: ... (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c(p)(2).) Once the moving...

Excerpt: ...Code Civ. Proc., § 1008(a).) The motion must also be accompanied by an affidavit from the moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. (Code Civ. Proc., § 1008(a).) A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an e...

Excerpt: ...y be received in evidence.” (Evid. Code § 1401(a).) “Judicial notice may not be taken of any matter unless authorized or required by law.” (Evid. Code, § 450.) “For a court to take judicial notice of the meaning of a document submitted by a demurring party based on the document alone, without allowing the parties an opportunity to present extrinsic evidence of the meaning of the document, would be improper. A court ruling on a demurrer ...

Excerpt: ...that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a...

Excerpt: ...ess any entries that are improper or excessive. The Motion is continued to May 12, 2021, 10:00 a.m., in Department C64 to determine the amount to be awarded. If the parties select a different date, the parties are ordered to notify the clerk. Code Civ. Proc., § 425.16 (c) (1) provides that “Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to re...

Excerpt: ...leges that Plaintiff was retained by a general contractor to install cabinetry on a custom designed home in Laguna Beach. (FAC, ¶ 7.) Defendant Harnish submitted a Proposal for finishing Plaintiff's custom cabinetry installed by Plaintiff, and Plaintiff approved the Proposal. (FAC, ¶¶ 8-9.) Defendants represented that Jeremy Harnish Designed Finishes was a fully insured firm and qualified to perform the services, but it apparently was not insu...