RND Contractors, Inc. v. Super. Ct.

I.

INTRODUCTION

This case raises an issue of first impression under California law: when a

defendant moves for summary judgment, but the plaintiff does not oppose the motion,

may another party oppose the motion? We hold that the party may do so if that party and

the defendant are adverse to one another. We further hold that there need not be cross-

claims between those parties for them to be adverse to one another.

Omar Nuro was injured and Jose Navarro was killed when a steel structure failed

on their job site. Nuro and Navarro’s family (collectively, Plaintiffs) sued various

defendants, including Wiseman + Rohy Structural Engineers (WRSE) and Balfour Beatty

Construction, LLC (Balfour). Balfour then filed cross-claims against RND Contractors,

Inc. (RND). When WRSE moved for summary judgment, Plaintiffs responded by filing

statements of non-opposition to the motion. RND and Balfour, however, opposed the

motion, arguing that WRSE was at least partially liable for Plaintiffs’ damages. The trial

court refused to consider RND’s and Balfour’s oppositions, finding that they “lacked

standing” to oppose WRSE’s motion for summary judgment because RND and Balfour

had not…