| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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MOTION FOR SUMMARY JUDGMENT Or Summary Adjudication
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24621094 - December 1, 2025 Hearing date: December 1, 2025 Case number: CGC24621094 Case title: WELLS FARGO BANK, N.A. VS. ROBERT A JOHNSON Case Number: | | CGC24621094 | Case Title: | | WELLS FARGO BANK, N.A. VS. ROBERT A JOHNSON | Court Date: | | 2025-12-01 09:00 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT Or Summary Adjudication | Rulings: | | On the Law & Motion/Discovery calendar for Monday, December 1, 2025, Line 8, PLAINTIFF WELLS FARGO BANK, N.A. MOTION FOR SUMMARY JUDGMENT Or Summary Adjudication.
Plaintiff Wells Fargo Bank, N.A.'s unopposed Motion for Summary Judgment or Summary Adjudication is GRANTED.
"A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (Code of Civil Procedure section 437c, subd. (a)(1).)
"A plaintiff... has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff... has met that burden, the burden shifts to the defendant...to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant...may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto." (Code of Civil Procedure section 437c, subd. (c)(1).)
"The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure section 437c, subd. (c).)
The moving party must make an initial showing, based upon affirmative evidence, that summary judgment must be granted. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 850.) If the movant meets this initial burden, the burden then shifts to the opposing party to show that a triable issue of one or more material facts exists. The court liberally construes the evidence in support of the party opposing summary judgment and resolves doubts concerning the evidence in favor of that party. (Hughes v. Pair (2009) 46 Cal.4th 1035, 1039
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In the alternative, a party may move for summary adjudication. Such a motion seeks resolution of "one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, [where] the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (Code of Civil Procedure section 437c, subd. (f)(1).)
"A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Id.) The same standards and principles of adjudication apply. (Part 1 of 2, tentative ruling continues in next entry) | |