You Can't Do that in California State Court (Part 374)

Paramount Petroleum v. Superior Court, No. B253290 (D2d3 June 20, 2014)

Code of Civil Procedure § 437c(f) limits the types of issues amenable to summary adjudication. Under that provision—which is peculiar to California procedure—a court may only grant a summary adjudication motion if it completely disposes of a cause of action, an affirmative defense, a claim of damages, or an issue of duty. The court here holds that, in a breach of contract case, § 437c(f) summary adjudication of liability for a plaintiff in a breach of contract case when the amount of damages is contested.