Although we rarely venture out of the attorney’s fees area, we commend for reading the Fourth District, Division Three’s recent published decision in Oldcastle Precast, Inc. v. Lumbermens Mutual Cas. Co., Case No. G038645 (4th Dist., Div. 3 Jan. 23, 2009).
In a 3-0 decision authored by Justice Fybel, the appellate court provided a “virtual reality” lesson in how summary judgment/adjudication separate statements should be crafted and opposed. Among other things, it reinforced that defendants opposing summary judgment/adjudication motions have the burden to prove defenses, with it being unnecessary for plaintiff to disprove defenses as part of the moving initial burden. Oldcastle also has gems on how a defendant needs to adequately oppose separate statement issues, discussing its own prior decision of Parkview Villas Assn., Inc. v. State Farm Fire & Cas. Co., 133 Cal.App.4th 1197 (2005) in the process. Must reading for litigators.