Court Erred In Granting Summary Adjudication On Liability Alone.

After several years, one party to a contract decided it became economically infeasible to continue supplying its product at the contract price. When negotiations to resolve the issue failed, the other party filed suit and then moved for summary adjudication on the issue of liability for breach of contract, but not on the issue of damages. The trial court granted with motion for summary adjudication. The appellate court granted extraordinary relief, stating that “summary adjudication cannot be granted in favor of a plaintiff on liability alone.”  (Paramount Petroleum Corporation v. Sup. Ct. (Building Materials Corporation of America)  (Cal. App. Second Dist., Div. 3; June 20, 2014)227 Cal.App.4th 226, [173 Cal.Rptr.3d 518].) http://www.courts.ca.gov/opinions/documents/B253290.PDF