Articles

Paramount Petroleum Corp. v. Super. Ct.

The Court of Appeal, Second Appellate District, Division Three (LA), issued an opinion in Paramount Petroleum Corp. v. Super. Ct. (June 20, 2014, B253290) __ Cal.App.4th ___, analyzing whether summary adjudication can be granted in favor of a plaintiff on liability alone, leaving the resolution of damages to a later trial. The court held that “summary adjudication cannot be granted in favor of a plaintiff on liability alone.” (Slip opn., pp. 4, 23.)

The case involved a breach of contract cause of action. Plaintiff moved for summary adjudication of the issue of the defendant’s liability for breach of contract, but not on the issue of damages. Plaintiff also moved for summary adjudication on several of defendant’s affirmative defenses, including mutual mistake. Plaintiff’s motion was granted in its entirety. (Slip opn., p. 3.) The defendant sought writ relief. (Id. at p. 4.)

The Court of Appeal granted the writ in part and held that summary adjudication of a partial cause of action is improper. (Slip opn., p. 19.) The court noted that “a plaintiff may, despite the confusing language of the statute, move for summary adjudication of a cause of action, if the plaintiff asserts there is ‘no defense’ to that cause of action. Further, the plaintiff’s burden of proof on such a motion is defined by subdivision (p)(1) of Code of Civil Procedure, section 437c; the plaintiff must ‘proveplaintiff can obtain summary adjudication of a cause of action only by proving ‘each element of the cause of action entitling the party to judgment on that cause of action.’ As damages are an element of a breach of contract cause of action . . . , a plaintiff cannot obtain judgment on a breach of contract cause of action in an amount of damages to be determined later.” (Id. at p. 23.) Thus, the court concluded that there was no legal basis for plaintiff’s motion for summary adjudication on liability only, and the trial court erred in granting the plaintiff’s motion. (Id. at p. 28.)

Related Practices


Find an Attorney

Each of the firm's offices include partners, associates and a professional staff dedicated to meeting the challenge of providing the firm's clients with extraordinary service.