KOJABABIAN v. GENUINE HOME LOANS, INC.

No. B205766.

174 Cal.App.4th 408 (2009)

___ Cal.Rptr.3d ___

VARTAN KOJABABIAN, Plaintiff and Appellant, v. GENUINE HOME LOANS, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

CERTIFIED FOR PARTIAL PUBLICATION


Attorney(s) appearing for the Case

Richard L. Garrigues and Varoujan Nalbandian for Plaintiff and Appellant.

Kralik & Jacobs, John J. Kralik and Michael B. Wilson for Defendants and Respondents.


OPINION

MOSK, J.

INTRODUCTION

When parties moving for summary judgment do not make a prima facie showing justifying a summary judgment, the trial court may not grant a summary judgment under Code of Civil Procedure section 437c, subdivision (b)(3)1 for failure of the opposing party to file the required separate statement with supporting evidence. In this case, however, we hold that the moving parties...

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