Gonzales v. Superior Court

—We must decide here whether a court may properly grant summary adjudication of issues where the notice of motion was only for summary judgment. We conclude that it may not.

Facts

Petitioner is the plaintiff in a personal injury action. The lawsuit arises from an accident involving her automobile and a truck owned by real party California Liquid Fertilizer Corporation, and driven by real party Leonard Ray Black.

Real parties filed a document entitled, “Notice of Motion and Motion for Summary Judgment.” The notice of motion made no request that the court summarily adjudicate factual issues. In the motion it was argued that it was the petitioner who was at fault, and not real parties. Real parties’ supporting points and authorities included a statement of 21 facts in support of their motion. (See Code Civ. Proc., § 437c, subd. (b).)

In opposition to the motion petitioner contended there were triable issues of fact with respect to real parties’ negligence. Petitioner’s opposition focused upon the issues of whether her automobile passed real parties’ truck prior to the collision, the speed of the vehicles, and whether real parties’ truck struck petitioner’s…