Tentative ruling issued by Judge Gregory LEWIS on Jul. 19, 2021 in Orange County, CA - Case no: xxxxx026

Motion for Summary Judgment/ or Summary Adjudication
Moving Party: Defendant Turner Construction Company (“Turner”) Responding Party: Plaintiff Luis Garcia
Ruling: Turner’s motion for summary judgment is denied.
A defendant moving for summary judgment bears the initial burden to show the plaintiff’s action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.)
If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life ….....