Motion for Summary Judgment
Judge Benson – Law & Motion – Wednesday, April 29, 2026 @ 9:00 AM
1. 24CV01768 Sprague, Robert Eugene II v. Garnett, Pamela Ann
EVENT: Motion for Summary Judgment
Pursuant to CCP 437c(b)(3), Defendant’s Motion for Summary Judgment is GRANTED. CCP 437c(b)(3) provides the Court with discretion to grant a motion for summary judgment when the opposition fails to include a separate statement. Here, the opposition to the separate statement was filed egregiously late and was filed after the reply. Per Local Rule 3.11(B) the Court is not considering the late filed opposition to the separate statement. Defendant shall prepare and submit a form of order within 2 weeks.
2-3. 25CV02896 Casarotti, Rosemary v. Watts, Mikal C et al.
EVENT: (1) Defendants Mikal C. Watts, Guy L. Watts II, Alicia D. O’Neill, Watts Guerra LLP, and Watts Guerra LLC Demurrer to all Causes of Action in Plaintiff’s Second Amended Complaint
(2) Defendants Mikal C. Watts, Guy L. Watts II, Alicia D. O’Neill, Watts Guerra LLP, and Watts Guerra LLC Motion to Strike Portions of the Second Amended Complaint
Demurrer Defendants’ Request for Judicial Notice is GRANTED and unopposed.
The Second Amended Complaint (SAC) Contains Both Professional Negligence Type Allegations and an Independent Allegation of Misrepresentation of Authority to Practice Law in California As the moving papers note, we look to the gravamen of the claim, regardless of how they are styled to determine if the claim sounds in malpractice. (See Jackson v. Rogers & Wells (1989) 210 Cal. App. 3d 336, 348) The Court agrees with Defendants that a significant portion of the allegations in the SAC are malpractice type allegations which implicate the one-year statute of limitations period under CCP 340.6. Included in those allegations are allegations that Defendants improperly withheld funds including non-existent medical liens. Initially the Court was inclined to find those allegations were outside the scope of CCP 340.6. However, after further review, Foxen
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