Tentative ruling issued by Judge Walter SCHWARM on Jun. 04, 2019 in Orange County, CA - Case no: xxxxxCJC

Case Name:   Alcazar v. Peters

Case No.:   (Subscribe to View)

On June 4, 2019, Judge Walter SCHWARM of Orange County Superior Court, Department C19, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 06.04.2019.

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Defendant’s (Laboratory Express, Inc. dba Lab Express) Motion for Summary Judgment (Motion), filed on 3-18-19, is DENIED.
To the extent Defendant’s Objections to Declaration for Frank Walter Peters, filed on 5-30-19) do not comply with California Rules of Court, rule 3.1354, the court OVERRULES all of Defendant’s objections. Additionally, as described below, the court OVERRULES Defendant’s objections as immaterial to the court’s decision. (Code Civ. Proc., § 437c, subd. (q).) The court does not consider the Declaration of Jeffrey M. David in Support of Reply to Plaintiff’s Opposition to Motion for Summary Judgment. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) It appears that Defendant/Cross-Complainant Frank Walter Peters used his “Responses to Defendant, Lab Expresses Separate Statement of Undisputed Facts,” to filed on 5-21-19, as objections. The court OVERRULES these objections because they do not comply with California Rules of Court, rule 3.1354.
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