Motion for Summary Adjudication
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2025CUPT051185: BEATRIZ P FLORES vs THOMAS A EDGERTON 07/16/2026 in Department 43 Motion for Summary Adjudication
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Motion: Defendant Thomas A. Edgertons Motion for Summary Adjudication
Tentative Ruling: Defendant Thomas A. Edgertons Motion for Summary Adjudication as to the First Cause of Action (Breach of Contract); Third Cause of Action (Retaliation); and Fifth Cause of Action (Declaratory Relief) is GRANTED. After a contested trial on the merits in Unlawful Detainer case 2025CLUD051580, Commissioner Matthew R. Nemerson ruled that there was no five-year tenancy agreement between the parties who are at issue in this action and that Mr. Edgerton had not engaged in retaliatory eviction under Civil Code §1942.5
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Collateral estoppel, or issue preclusion, bars re-litigation of issues that were previously adjudicated in a prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.) The doctrine applies where (1) the issue is identical to that decided in a former proceeding, (2) the issue was actually litigated, (3) the issue was necessarily decided, (4) the decision is final and on the merits, and (5) the party against whom preclusion is asserted is the same. (Ibid.) Each of those factors are met here. A minute order is sufficiently a final decision on a matter for purposes of issue preclusion. (Border Business Park, Inc. v. City of San Diego (2006) 142 Cal.App.4th 1538, 1564)
2025CUPT051185: BEATRIZ P FLORES vs THOMAS A EDGERTON
Commissioner Nemersons ruling after trial concerned the existence of a contractual agreement between the parties for a five-year tenancy and retaliation.
Plaintiffs argument that Defendant has failed to submit to a deposition or has not properly responded to discovery lacks merit. There have been no discovery motions filed relative to the discovery mentioned in Plaintiffs opposition and there is no explanation as to how the discovery in question would be relevant to this motion. Finally, and of greatest significance, the ruling in the unlawful detainer case could not be changed through discovery so the discovery argument is unequivocally unmeritorious.
Whether Defendant Edgerton made an actionable fraudulent promise was not at issue or addressed in the unlawful detainer trial. The Motion for Summary Adjudication as to the Second Cause of Action (Fraud) is DENIED.
Addressing Defendant Edgertons Undisputed Material Facts:
Numbers 1, 3, 4, and 16 are undisputed. Numbers 2, 5, 6, 9, 10, 11, 12, 13, 14 and 15 are disputed but established. Numbers 7 and 8 are not material. For purposes of this motion, the fact that Plaintiff alleged a minimum of five years as opposed to exactly five years is immaterial.
Plaintiffs Additional UMFs do not create triable issues of fact and thus are not material.
Moving party shall prepare, circulate and file on order for the Courts signature consistent with the foregoing. Moving party shall also serve notice of the Courts ruling.
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