Legal Opinion

Kojababian v. Genuine Home Loans, Inc.

California Court of Appeal

Decided May 28, 2009No. B205766PublishedCited by 11 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

MOSK, J.

INTRODUCTION

When parties moving for summary judgment do not make a prima facie showing justifying a summary judgment, the trial court may not grant a summary judgment under Code of Civil Procedure section 437c, subdivision (b)(3) 1 for failure of the opposing party to file the required separate statement with supporting evidence. In this case, however, we hold that the moving parties did make such a prima facie showing. We also hold that the trial court did not have a mandatory duty under section 128.7, subdivision (c) to impose upon plaintiff monetary sanctions, even if there…

2Cases cited21 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Business Guides, Inc. v. Chromatic Communications Enterprises, Inc.Supreme Court of the United States · 1991
  3. Bertero v. National General Corp.California Supreme Court · 1974
  4. Rutherford v. Owens-Illinois, Inc.California Supreme Court · 1997
  5. In Re Marriage of ArceneauxCalifornia Supreme Court · 1990

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3Cited by11 opinions

  1. Thompson v. IoaneCalifornia Court of Appeal · 2017
  2. Bucur v. AhmadCalifornia Court of Appeal · 2016
  3. Peake v. UnderwoodCalifornia Court of Appeal · 2014
  4. Batarse v. Service Employees International UnionCalifornia Court of Appeal · 2012
  5. Aquino v. Klein CA2/3California Court of Appeal · 2021

6 more not listed; retrieve them via the Exa API.

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