The Court should grant this Petition in order to effectuate the purpose behind the summary judgment procedure of providing a speedy legal resolution where the material facts are uncontested. The Code of Civil Procedure specifically authorizes a writ petition in circumstances like this. Proc., 437c, subd. Unless this Court grants their petition, petitioners will be denied the benefits of the summary judgment procedure. They will be forced to incur the costs of a full trial on the merits even though there is no triable issue as to any material fact with respect to the availability of emotional distress damages.
Petitioners have no adequate remedy other than a writ.
The issue of emotional distress damages was appropriately determined as part of the summary judgment proceedings. Alternatively, the procedure may be characterized as a motion in limine, or a motion to strike under Code of Civil Procedure section 436. However one characterizes the procedure, it is appropriate for this Court to review the Superior Court's decision in this writ proceeding. Unless this Court grants relief, defendants will have to devote substantial time and expense in discovery and trial preparation with respect to the emotional distress claim, even though the claim is without merit. I have provided a page of authorities to support issuance of a writ in several common situations.