(Notably, the opposition did not request an extension or other relief based on inadvertence.) On May 19, 2021, at the hearing on this motion, the court noted that Plaintiff had not yet filed an amended pleading. '' (7/14/22 Notice.) Bill of Particulars Defendant contends that it is entitled to summary judgment because the court previously ordered that Plaintiff was precluded from introducing evidence of the account at trial.ĭefendant's Notice of Motion to Preclude Introduction of Evidence of Account at Trial was directed at “the common count of Open Book Account in the Second Cause of Action.” (4/13/21 Notice, 2:2-4.) Plaintiff’s Opposition indicated that the issue would be moot because Plaintiff was willing to amend the Complaint to remove the Open Book Account and Account Stated causes of action. Alternatively, Defendant seeks summary adjudication of the following issues: 1) Open Book Account, Reasonable Value, Common Counts, Conversion, and Unjust Enrichment are equitable claims which are not available when seeking to enforce an express contract 2) Common Counts is not a cause of action 3) failure of damages 4) statute of limitations 5) statute of limitations 6) statute of limitations. (CCP 437c(p)(2).)ĭefendant contends it is entitled to summary judgment on two alternative grounds: 1) evidence preclusion based on the Bill of Particulars and 2) Plaintiff waived its right to seek fees or damages. Based thereon, the Complaint asserts causes of action for:Ī defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff’s cause of action cannot be established. breached a series of agreements regarding selling and brokering of mortgage loans. alleges that Defendant States Mortgage Company, Inc. Plaintiff Sun West Mortgage Company, Inc. The Olberding and Benetts declarations were not attached as RJN 7-8. Although the court may take judicial notice of the documents filed, the court declines to take judicial notice of the truth of the matters contained therein.ĭefendant’s RJN is denied as to RJN 7-8. moves for summary judgment and/or adjudication pursuant to CCP 437c.ĭefendant’s RJN is granted as to the court-filed documents contained in RJN 1-6. As triable issues remain, motion for summary judgment is DENIED.ĭefendant States Mortgage Company, Inc. STATES MORTGAGE COMPANY, INC.ĭefendant States Mortgage Company, Inc.’s motion for summary adjudication of Issue 1 is GRANTED as to the 2 nd and 4 th – 5 th causes of action, and DENIED as to the 6 th – 7 th causes of action summary adjudication of Issue 2 is GRANTED summary adjudication of Issues 3-6 is DENIED. Case Number: *******0686 Hearing Date: SeptemDept: SEC
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |