PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Summary Adjudication Granted
............Scope
7 Cards On This Topic:
  • Unlicensed social worker, registered with the appropriate agency and working toward licensure, is a "health care provider" rendering "professional services" under MICRA.
  • D entitled to SA on consumer C/As where Ps had no damage from incomplete tenant screening reports D prepared, and ICRAA unconstitutionally vague re such reports containing unlawful detainer info.
  • Separate anti-competitive acts can be basis for summary adjudication: Exxon entitled to present SA motions that dispose of allegations which would have been single C/A if properly pleaded.
  • Cause of action for declaratory relief as to contract which completely disposes of cause of action may properly be basis of SA order.
  • Declaratory relief cause of action involving multiple claims for contract breach and sundry torts not subject to SA because multiple claims incorporated into single request for declaration of rights.
  • Issue of attorney’s fees cannot be resolved by means of SA motion when entire cause of action not adjudicated.
  • Duty to defend may be basis of summary adjudication order. Court improperly utilized SA on issue of duty where other C/As remained and declaration would not entirely dispose of C/A.