Motion for Summary Judgment/Adjudication by Defendants, Parkside Enterprises, Inc. & David Park, filed on 12/13/16 is DENIED. Defendants have not met their burden of establishing they are entitled to judgment or adjudication of issues based on the material facts proffered. Cal. Code Civ. Proc. § 437c(p)(2).
The undisputed facts establish that Defendant, Parkside Enterprise, Inc. (Parkside) contracted with the building in which Plaintiffs’ massage parlor was a tenant to repair the roof. UF 2. Plaintiffs’ complaint alleges that Plaintiff, Tommy Muttaraid, climbed the ladder to take a look at the condition of the roof and the ladder fell. Complaint, ¶¶ 8, 10.
Plaintiffs’ evidentiary objections
The court considers Plaintiffs’ objections despite the lack of a signature line for the court to sign on the document. This is not a material defect affecting the substantial rights of the parties. The court has the discretion to disregard such errors. Cal Code Civ Proc § 475.
Declaration of Is
Hearing Date
March 07, 2017
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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Motion for Summary Judgment/Adjudication by Defendants, Parkside Enterprises, Inc. & David Park, filed on 12/13/16 is DENIED. Defendants have not met their burden of establishing they are entitled to judgment or adjudication of issues based on the material facts proffered. Cal. Code Civ. Proc. § 437c(p)(2).
The undisputed facts establish that Defendant, Parkside Enterprise, Inc. (Parkside) contracted with the building in which Plaintiffs’ massage parlor was a tenant to repair the roof. UF 2. Plaintiffs’ complaint alleges that Plaintiff, Tommy Muttaraid, climbed the ladder to take a look at the condition of the roof and the ladder fell. Complaint, ¶¶ 8, 10.
Plaintiffs’ evidentiary objections
The court considers Plaintiffs’ objections despite the lack of a signature line for the court to sign on the document. This is not a material defect affecting the substantial rights of the parties. The court has the discretion to disregard such errors. Cal Code Civ Proc § 475.
Declaration of Is