Motion For Summary Judgment Decided On Issue Not Briefed.

The appellate court decided a motion for summary judgment in favor of the moving party on an issue not briefed by the parties nor considered by the trial court. In doing so, the appellate court stated: “Thus, the record established that [the opposing party] ‘could not have shown a triable fact issue’ had the point relied upon by the trial court been raised by the moving party. (Marlton Recovery Partners, LLC v. County of Los Angeles (Cal. App. Second Dist., Div. 1; November 20, 2015) 242 Cal.App.4th 510.)