MOTION FOR SUMMARY JUDGMENT /Adjudication
Housing Court Law and Motion Calendar for Friday, October 3, 2014, line 3. DEFENDANT MARIA JIMENEZ's MOTION FOR SUMMARY JUDGMENT
DENIED. Moving party failed to shift burden and show that there are no triable issues of fact as to the sole cause of action for declaratory relief. Defendant only addresses one part of the motion "who can sign the rent payment checks on behalf of Defendant Maria C. Jiminez," (Reply 2:6-8), and does not address other parts, e.g. whether Maria Jiminez is the only original tenant. Even if defendant has shifted the burden Plaintiffs submitted evidence creating triable issues of fact as to the waiver, failure to accommodate, and whether Victor Armando Cruz was merely paying rent on his mother's behalf or was trying to establish tenancy. Motion for Summary Adjudication is denied, no issues to be adjudicated are listed in either the Notice of Motion of Separate Statement. CRC 3.1350(b). = (501/PHA)
Hearing Date
October 03, 2014
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MOTION FOR SUMMARY JUDGMENT /Adjudication
Housing Court Law and Motion Calendar for Friday, October 3, 2014, line 3. DEFENDANT MARIA JIMENEZ's MOTION FOR SUMMARY JUDGMENT
DENIED. Moving party failed to shift burden and show that there are no triable issues of fact as to the sole cause of action for declaratory relief. Defendant only addresses one part of the motion "who can sign the rent payment checks on behalf of Defendant Maria C. Jiminez," (Reply 2:6-8), and does not address other parts, e.g. whether Maria Jiminez is the only original tenant. Even if defendant has shifted the burden Plaintiffs submitted evidence creating triable issues of fact as to the waiver, failure to accommodate, and whether Victor Armando Cruz was merely paying rent on his mother's behalf or was trying to establish tenancy. Motion for Summary Adjudication is denied, no issues to be adjudicated are listed in either the Notice of Motion of Separate Statement. CRC 3.1350(b). = (501/PHA)