Counsel is to notify immediately Ms. Waker of the tentative ruling system and the requirement to call in advance for a hearing. Counsel shall resubmit the formal order completely filled out, reflecting that it will become effective upon proof of service upon client. Plaintiff's action for malicious prosecution against defendant Moseman requires proof of that the prior action was brought without probable cause and that the action was initiated with malice. 47 Cal.3d 863, 874. Here, defendant submits admissible evidence that he relied upon the advice of counsel in initiating the prior action.
Summary judgment is appropriate where defendant has relied in good faith upon the advice of counsel.
App.3d 777, 778. Defendant has met his initial burden. Upon movant's showing that motion for summary adjudication of issues is supported by separate statement of undisputed facts, burden is shifted to opponent to establish, by use of responsive separate statement and admissible evidence, that there are triable issues of material fact. Supplemental opposition, with supporting evidence, must be filed and served no later than Monday, July 2, and a supplemental reply may be filed and served by July 9, 2001. This tentative ruling is effective immediately.