Overview-2

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Overview: demand letter template california HOLDINGS: [1]-Granting summary judgment under Code Civ. Proc., § 437c, against a negligence claimant based on the absence of a special relationship was error because the motion for summary judgment did not raise the issue of duty but asserted only a causation argument that the trial court rejected, the separate statement under Cal. Rules of Court, rule 3.1350(d)(1), did not set forth undisputed material facts supporting a judgment as a matter of law on the issue of duty, and the trial court gave the claimant no opportunity to submit evidence of a special relationship giving rise to a duty; [2]-The claimant's contention that a special relationship arose from the parties' alleged contractual relationship was not contrary to California law because the negligent undertaking doctrine might apply, depending on contractual terms and other material facts not addressed in the separate statement. Outcome Affirmed in part and reversed in part.
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