FCS058563
Defendant’s Motion for Summary Judgment
TENTATIVE RULING
Defendant DR. DINESH NAGAR moves for summary judgment in his favor on Plaintiff
SHARON DAILEY’s complaint against him alleging breach of contract, common counts,
conspiracy, and intentional tort.
A defendant may move for summary judgment on the basis that the plaintiff cannot
establish an element of his cause of action. (Code Civ. Proc., § 437c, subd. (o)(1).) A
summary judgment motion is properly granted where the evidence in support of the
moving party would be sufficient to sustain a judgment in his favor and his opponent
does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth
Century-Fox Film Corp. (1970) 3 Cal.3d 176, 181 (Parker).) The motion is not to be
granted where any triable issue of material fact exists. (Ibid.) The affidavits of the
moving party are strictly construed, and doubts as to the propriety of summary judgment
should be resolved against granting the motion. (Ibid.)