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P1541 A grant of summary judgment on the ground that opposition to the motion was submitted one day past the deadline for such filing was, in effect, a terminating sanction; it was an abuse of discretion for a trial court to impose a terminating sanction for violation of a procedural rule; if a moving defendant's statement of undisputed facts failed to address some of the alleged facts that were essential to plaintiff's claim, defendant failed to fulfill its burden on moving for summary judgment, so no response was required, and the motion for summary judgment should have been denied.CitationTESELLE v McLOUGHLIN (Day Late) 173 CA4 156 [See: CCP 437c; Assad v So Pac 42 CA4 1609, T/AT 4/96; Hawkins v Wilton 2006 144 CA4 936, T/AT 12/06; Elkins v Superior Court 41 C4 1337]
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