Nguyen
Nguyen v. United Lender CA4/3
Opinion
Opinion
DISCUSSION
I.
STANDARD OF REVIEW
Summary judgment is properly granted if “there is no triable issue as to any material fact and . . . the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) “A defendant seeking summary judgment must show that the plaintiff cannot establish at least one element of the cause of action.” (Regents of University of California v. Superior Court (2018) 4 Cal.5th 607, 618; see Code Civ. Proc., § 437c, subd. (p)(2).) If the defendant makes this showing, “the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts
Nguyen sued United for intentional misrepresentation (first cause of action), to quiet title (fourth cause of action), for cancellation of written instrument (fifth cause of action), declaratory relief (sixth cause of action), and unfair business practices (seventh cause of action). (The second and third causes of action were asserted only against other defendants.) The fourth, fifth, and sixth causes of action were resolved by demurrer in December 2022; this order is not in the appellate record and Nguyen makes no argument regarding it.