Sierra Craft, Inc. v. Magnum Enterprises, Inc.

64 Cal.App.4th 1252 (1998) SIERRA CRAFT, INC., Plaintiff and Appellant,

v.

MAGNUM ENTERPRISES, INC., Defendant and Appellant.

Docket No. G021058. Court of Appeals of California, Fourth District, Division Three.

June 16, 1998. [1253] COUNSEL

George Sykulski and Loraine Todd for Plaintiff and Appellant.

Shaffer, Gold & Rubaum and Lawrence S. Rubaum for Defendant and Appellant.

[1254] OPINION

RYLAARSDAM, J.

Orange County Superior Court Rules, rule 518[I] (Court Rules Service Daily J. Corp.), which purports to authorize the court to grant summary judgment in favor of a party opposing such a motion, violates Code of Civil Procedure section 437c (all further statutory references are to the Code of Civil Procedure unless otherwise indicated). The trial court cannot grant summary judgment, except to a party moving for such relief and complying with all of the requirements of section 437c. We therefore hold that the trial court erred in granting summary judgment in favor of respondent, a party which did not properly pursue such relief under the Code of Civil Procedure. We also hold that an order denying summary judgment is not appealable.

FACTS

Appellant Sierra Craft, Inc. (Sierra) sued Magnum Enterprises, Inc. (Magnum), asserting a single cause of action for breach of contract under California Uniform Commercial Code sections 9502, subdivision (1) and 9318, subdivision (4). After Magnum filed its answer, Sierra moved for summary judgment. The separate statement supporting the motion contained some 93 separate facts which Sierra apparently considered to be material and contended were undisputed. Magnum's opposition indicated it contended approximately one-half of these allegedly undisputed facts were, in fact, disputed, but requested nevertheless that the court invoke a local rule of the Orange County Superior Court and grant summary judgment in its favor. Magnum did not file its own motion for summary judgment. The trial court granted summary judgment in favor of Magnum.