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California Civil Procedure, Keyed to Levine, 6th Ed.
Le Francois v. Goel
Citation:
35 Cal. 4th 1094, 29 Cal. Rptr. 3d 249, 112 P.3d 636 (2005)Facts
Plaintiffs Philip Le Francois and Eric Herald sued their former employer Duet Technologies, Inc., and three of its officers, alleging the officers made injurious misrepresentations and false promises. All defendants moved for summary judgment, which the trial court denied after finding plaintiffs raised triable issues of material fact. More than one year later, the individual defendants filed a new motion for summary judgment based on the same grounds and evidence as the first motion. Plaintiffs opposed the second motion on substantially the same basis as the first and objected that the motion violated section 437c, subdivision (f)(2). The second motion was transferred without objection to a different judge, who granted it and entered judgment for the individual defendants.
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