DC Auto v. Superior Court CA4/2

California Court of Appeal Mar 15, 2013 No. E057849Unpublished

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Holding. The court held that a party may move for summary adjudication of factually separate claims even if they are pleaded within a single cause of action, as such claims are severable.

Issues

Whether a party can move for summary adjudication of specific claims contained within a single cause of action.
Whether Code of Civil Procedure section 437c, subdivision (s) supersedes the ability to adjudicate severable claims.

Disposition. Petition granted.

Quotations verified verbatim against the opinion

“A party cannot prevent the adjudication of factually separate claims simply by including them in what is pleaded as a single “cause of action.””

“In our view, the fifth cause of action contains severable claims which have been pleaded separately, and Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848 controls this case.”

Filed 3/15/13 DC Auto v. Superior Court CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

DC AUTO, INC.,

Petitioner, E057849

v. (Super.Ct.No. CIVDS1108475)

THE SUPERIOR COURT OF OPINION SAN BERNARDINO COUNTY,

Respondent;

MICHAEL K. BARBOSA,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for extraordinary writ. Donna G. Garza,

Judge. Petition granted.

Manning Leaver Bruder & Berberich and Gary Haroutoin Prudian for Petititioner.

No appearance for Respondent.

The Hanson Law Firm, John W. Hanson and Elisa M. Swanson, for Real Party in

Interest.

INTRODUCTION

In this matter we have reviewed the petition and the opposition filed by real party

in interest. We have determined that resolution of the matter involves the application of

settled principles of law, and that issuance of a peremptory writ in the first instance is

DC Auto v. Superior Court CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

DC AUTO, INC.,

THE SUPERIOR COURT OF OPINION SAN BERNARDINO COUNTY,

MICHAEL K. BARBOSA,

INTRODUCTION

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MILLER J.

CODRINGTON J.

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