17-CIV-03647 MERCEDITA VERADOR, ET AL. VS. SERVIS ONE, INC., ET AL.

MERCEDITA VERADOR SERVIS ONE, INC.
JESSICA GALLETTA JARLATH M. CURRAN

DEFENDANT SERVIS ONE, INC. DBA BSI FINANCIAL SERVICES’ MOTION FOR SUMMARY OF JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES TENTATIVE RULING:

Defendant SERVIS ONE, INC. dba BSI FINANCIAL SERVICES’ Motion for Summary Judgment or, in the Alternative, Summary Adjudication is GRANTED. Defendant has demonstrated that Plaintiffs’ causes of action for breach of contract and negligence cannot be established, and Plaintiffs fail to meet their burden of showing the existence of a triable issue of material fact. Code Civ. Proc. § 437c(p)(2); Calvillo-Silva v. Home Grocery (1998) 19 Cal.4th 714, 735.

Moving and opposing papers in a summary judgment motion must be supported by admissible evidence consisting of “affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” Code Civ. Proc. § 437c(b)(1), (2). The Court notes that although Plaintiffs filed an Opposition and Response to Separate Statement, they failed to file any supporting evidence. Accordingly, no triable issue has been raised, and summary judgment in Defendant’s favor is granted.

Defendant’s Request for Judicial Notice is GRANTED as to Exhibits A-G. Evid. Code § 452.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.