California Court of Appeal
Oldcastle Precast, Inc. v. Lumbermen's Mutual Casualty Co., G038645
In a suit to recover outstanding balance due to plaintiff in a construction contract, grant of motion for summary judgment in favor of plaintiff is affirmed where: 1) the trial court correctly reviewed and analyzed the moving and opposition papers and concluded defendants' responsive separate statement did not dispute any element of plaintiff's case against them; 2) defendants failed to carry their burden regarding an affirmative defense; and 3) the trial court did not abuse its discretion by declining to grant a continuance.
Appellate Information
- Decided 01/23/2009
- Published 01/23/2009
Judges
Court
- California Court of Appeal
Counsel
- For Appellees:
- Kellam McLain and Newton W. Kellam, Laguna Niguel, for Defendants and Appellants., Braun & Melucci and Kerri M. Melucci, La Jolla, for Plaintiff and Respondent.