City of El Centro v. Superior Court CA4/1

DISCUSSION

As a court of record with general civil and criminal jurisdiction (2 Witkin, Cal.

Proc. (5th ed. 2008) Courts, § 208, p. 293), the superior court presiding over this tort

action has jurisdiction over the subject matter of the motion. The Code of Civil

Procedure specifically authorizes the court to entertain a motion for summary judgment

brought by "[a]ny party ... if it is contended that the action has no merit" (§ 437c, subd.

1 All references are to the Code of Civil Procedure unless otherwise specified.

2 Although Hicks filed opposition to the summary judgment motion, she did not raise lack of jurisdiction or statutory authority in her papers. 2 (a)), and provides "[a] cause of action has no merit if . . . [a] defendant establishes an

affirmative defense to that cause of action." (§ 437c, subd. (o)(2).) Section 437c,

subdivision (c), requires the court to "consider all of the evidence [not subject to

objection] . . . and all [uncontradicted] inferences reasonably deducible from the

evidence," and to grant the motion "if all the papers submitted show that there is no

triable issue as to any material fact and that the moving party is entitled to a…