17-CIV-00329 THE BANKRUPTCY ESTATE OF KASSANDRA MARIE HOELSCHER VS. SAFECO INSURANCE COMPANY OF AMERICA, ET AL.

THE BANKRUPTCY ESTATE OF KASSANDRA MARIE HOELSCHER SAFECO INSURANCE COMPANY OF AMERICA
MICHAEL E. MYERS

FRANK FALZETTA

SAFECO INSURANCE COMPANY OF AMERICA’S MOTION FOR SUMMARY JUDGMENT, OR, ALTERNATIVELY SUMMARY ADJUDICATION TENTATIVE RULING:

The motion for summary judgment filed by Defendant Safeco Insurance is continued to January 31, 2019, at 9:00 a.m. in the Law and Motion Department. Defendant has imposed an unnecessary hardship on the Court by submitting a Moving Memorandum of Points and Authorities that does not cite material facts or evidence in support of their arguments. Defendant’s moving Points and Authorities segregates all 155 Undisputed Material Facts in a 12-page statement of facts, but the argument section cites only four of them in the remaining eight pages (pp.21-28). By omitting citations in the argument section, Defendant is asking the Court to comb through the 12-page fact section and speculate on which of the 155 purported Undisputed Material Facts support each of the specific arguments in pages 21 through 28.

Citations to specific, individual Undisputed Material Facts would solve this problem. This is the moving party’s obligation, not that of the Court. This Court “cannot be expected to search through a voluminous record to discover evidence on a point raised by [a party] when his brief makes no reference to the pages where the evidence on the point can be found in the record.” (Lewis v. County of Sacramento (2001) 93 Cal. App. 4th 107, 113.)

Rather than ruling on this motion based on an unclear record, the Court directs Defendant to file a Revised Moving Memorandum of Points and Authorities that cites specific Undisputed Material Facts in support of the arguments set forth in pages 21 through 28. Citations such as “UMF 1 through 155” or similarly large groups of facts to establish a single point are unhelpful. The Judicial Counsel requires that the Separate Statement include “only material facts and not any facts that are not pertinent to the disposition of the motion.” (Rule 3.1350(d)(2).

Defendant shall file and serve the revised memorandum no later than January 18, 2019. Service shall be by same-day service, either personally or electronically.

Plaintiff need not file any papers in response. Defendant shall provide written notice of this ruling no later than January 15, 2019.