PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Ruling on Motion
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Summary Adjudication Granted
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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.