Young
Young v. Superior Court
Opinion
Opinion
Kline, J.
This petition challenges the denial of a motion for summary judgment or summary adjudication of issues as to the ninth and tenth causes of action of the complaint filed by real parties in interest. Petitioner’s motion contended that the ninth cause of action for fraudulent conveyance was barred by the three-year statute of limitations for fraud and that there was no evidence to create a triable dispute as to the tenth cause of action for a creditor’s bill. Without reaching the merits of the superior court’s ruling, we vacate the order for failure to comply with section 437c, subdivisions (f) and (g) of the Code of Civil Procedure.
Subdivision (f) provides that upon a motion for summary adjudication of issues, either by itself or as an alternative to summary judgment, “the court shall, by written or oral order, specify those issues raised by the motion as to which there exists a material, triable controversy, and refer to the evidence which establishes a triable issue of fact regarding each of those issues. ” (Italics added.) Subdivision (g), which bears most directly on the instant ruling, states in material part as follows: “Upon the denial of a motion for summary…