Judge Ashfaq G. Chowdhury, Case Number: 23GDCV00595, Date: 2024-05-17 Tentative Ruling

Judge: Ashfaq G. Chowdhury, Case: 23GDCV00595, Date: 2024-05-17 Tentative Ruling

Case Number: 23GDCV00595 Hearing Date: May 17, 2024 Dept: E

Hearing Date: 05/17/2024 – 8:30am
Case No. 23GDCV00595
Trial Date: UNSET
Case Name: ANTONIO LUJAK, an individual; v. FCA US LLC; a limited liability company; ALFA ROMEO USA; a business entity; ALFA ROMEO OF GLENDALE; a California business entity; FIAT AND ALFA ROMEO OF SANTA MONICA; a California business entity; and DOES 1-100 inclusive

TENTATIVE RULING
In the 1/19/2024 Minute Order, the Court mentioned how the hearing on motion for summary judgment was continued to 5/17/2024.

As of 5/10/2024, despite the fact that there is a scheduled hearing on motion for summary judgment with CRS# 979079855708 for 5/17/2024, no documents have been filed with the Court for this motion.

“Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing.” (CCP § 437c(a)(2).)

Although § 437c(a)(2) mentions when the notice and supporting papers need to be served on all parties, it is silent as to when the moving papers need to be filed with the Court. However, “An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.” (CCP § 437c(b)(2).) Based on CCP § 437c(b)(2), it appears that at the very least it can be implied that the moving papers needed to be served and filed earlier than 14 days preceding the hearing because naturally the moving papers precede the opposition.

Further, although not binding, The Rutter Guide states:

Although CCP § 437c is silent concerning when the notice and supporting papers must be filed (as opposed to served), they presumably should be filed at the same time they are served. As with other motions, the proof of service must be filed no later than five court days before the hearing date (though, as a practical matter, the proof of service normally should be attached to and filed with the moving papers. [CRC 3.1300(c); see ¶ 9:100 ff.]

(Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 10:83)

The hearing on motion for summary judgment with CRS# 979079855708 is DENIED. Further, the Court notes that it is unclear if Plaintiff or a Defendant scheduled this hearing because there is no notice of motion, nor any papers filed with the Court, to indicate who was the moving party.