Haloy Technology Corporation v. Tazga LLC

Client Thompson may file a response or opposition no later than five (5) court days before the continued hearing.

Moving Counsel shall provide notice of this ruling and continued hearing date on the client.

3 Haloy Technology Off calendar. Corporation v. Tazga LLC

1:30 p.m.

1 Long v. Glyder No Tentative Ruling. LLC

2 Teger v. Stevens Defendants Jack Stevens and Carol Stevens’ motion for summary judgment is GRANTED.

Defendants’ request for judicial notice is GRANTED. (Evid. Code § 452, subd. (h)).

This motion is unopposed.

Motions for Summary Judgment and/or Adjudication standard

“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 Civ. Proc., § 437c, subd. (c).) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (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 the initial burden by submitting undisputed evidence “showing that a cause of action has no merit [because] one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action.” (Code Civ. Proc. § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at pp. 850- 51.) However, “[t]he defendant must indeed present evidence." (Aguilar, supra, 25 Cal.4th at 855, italics original.)

In addition, 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 defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.)

If the moving party meets its burden, the burden then shifts to the party opposing summary judgment to show, by reference to specific facts, the existence of a triable, material issue as to a cause of action or an affirmative defense. (Aguilar, supra, 25 Cal.4th at p. 855; Villacres v. ABM Industries, Inc. (2010) 189 Cal.App.4th 562, 575.)