Tera Pharmaceuticals, Inc. v. Superior Court

Opinion

WALLIN, J.

Petitioners Tera Pharmaceuticals, Inc. and Research Industries Corporation, Inc. seek a writ of mandate compelling the Orange County Superior Court to 1) vacate its order denying their motions for summary judgment or alternatively for summary adjudication of issues and 2) enter a new order either granting summary judgments or specifying those issues raised by the motions as are without substantial controversy and as to which there exists a triable issue of fact. We hold the trial court has failed to comply with Code of Civil Procedure section 437c, subdivisions (f) and (g)

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and issue the writ.

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Chapman filed a complaint in the superior court against Tera and Research for breach of contract and wrongful termination of employment. On February 22, 1985, Tera and Research filed notices of motion entitled “for summary judgment or adjudication of issues without substantial controversy.” While the notices of motion did not specify the issues sought to be adjudicated, the points and authorities accompanying each motion clearly set forth the issues urged by the moving party to be without controversy.

After hearing, the court issued its order, stating:

“Motion of defendant Tera Pharmaceuticals

for Summary Judgment is denied. Triable issues exist

[532]

as to each of the causes of action, for example whether plaintiff could not be discharged except for cause; whether his discharge was for cause; whether he was discharged for refusal to violate law; etc.

Motion of defendant Research Industries

for Summary Judgment is denied. Triable issues exist as to each of the causes of action for example: Plaintiff’s employment status.”

Read together, section 437c, subdivisions (f) and (g)

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