Docket No. D023269. October 27, 1997. Appeal from Superior Court of San Diego County, No. SB2433, Thomas Oliver LaVoy, Judge. COUNSEL Suppa, Highnote Lee and Teresa Trucchi for Plaintiff and Appellant. Lewis, D'Amato, Brisbois Bisgaard, Marilyn R. Moriarty, James E. Friedhofer and Thomas M. Diachenko for Defendant and Respondent. OPINION NARES, J. Plaintiff Diana Zavala appeals from a summary judgment in favor of defendant Jorge Arce, M.D. (Dr. Arce), her former obstetrician, on her first amended
(a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. Ca. Civ. Proc. Code § 437 Added by Stats. 1982
A servitude thereon cannot be held by the owner of the servient tenement. Ca. Civ. Code § 805 Enacted 1872.
(a) Definitions As used in this rule, (1) "Motion" refers to either a motion for summary judgment or a motion for summary adjudication. (2) "Material facts" are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion. (Subd (a) amended effective January 1, 2016.) (b) Motion for summary adjudication If made in the alternative, a motion for summary adjudication