Newman Real Estate Investments v. Oken CA2/4
It is ordered that the unpublished opinion filed July 11, 2017 be modified as follows:
Footnote 10 is added after the first full paragraph on page 20 with the following text:
“10 In its petition for rehearing, appellant argues that respondents, as the parties moving for summary judgment, had the initial burden of specifically denying that they signed the July 12, 2011 agreement. That is incorrect. “[A] summary judgment motion necessarily is addressed to the pleadings. [Citation.] ‘The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.’ [Citation.] . . .
Comments on Newman Real Estate Investments v. Oken CA2/4