Judge: Blaine K. Bowman, Case: 37-2022-00023251-CU-BC-NC, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:00:00 AM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2022-00023251-CU-BC-NC WALTON VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 11/15/2022

The Motion for Summary Judgment brought by defendant General Motors LLC (the Manufacturer) is continued to Friday, May 3, 2024 at 9:00 a.m. in Department N-31. This case was previously stayed on April 28, 2023 pending the resolution of the case of Rodriguez v. FCA US (2022) 512 P.3d 654. (ROA 58.) Most recently, this case came on for hearing on a Status Conference on November 9, 2023. At that time this Court again continued the Status Conference to May 3, 2024 due to the fact that the Rodriguez case remains on appeal before the California Supreme Court. Prior to that hearing, Plaintiff filed a helpful declaration apprising this Court of the status of the Rodriguez case. (See ROA 64.) The Court's intention when setting these dates back in April 2023 was that the logistics of the current motion would be addressed at the Status Conference – as it appears that the present briefing will be insufficient (particularly given the lack of a reply brief) due to the fact that the final opinion in Rodriguez is likely to impact the outcome of the present motion and will thus need to be briefed. However, when the matter came on for Status Conference, the hearing date on the instant motion was not continued.

As such, the Court now continues the hearing date on this motion to coincide with the future Status Conference date. However, that continued hearing is largely a 'placeholder' so that the parties need not incur additional filing fees to re-set the motion and so that the 75-day notice rules applicable to a summary judgment motion do not create stumbling blocks for re-setting the motion on a quicker time table after the result in Rodriguez is handed down.

Accordingly, both parties shall file Status Reports, limited to 5 pages, apprising this Court of: (1) the status of any developments in the instant case, and (2) the status of the Rodriguez case that is currently pending before the California Supreme Court. Based thereon, this Court will either further continue the matter until Rodriguez is resolved or, once Rodriguez is resolved, will continue the hearing on the Motion for Summary Judgment and set a schedule for additional briefing in light of the outcome in Rodriguez.

Should the Rodriguez case be resolved sooner, either party may come to this Court utilizing the ex parte hearing procedure to seek to have the stay lifted – or the parties may request that the stay be lifted by submitting a stipulation on that issue.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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2968610 CASE NUMBER: CASE TITLE:  WALTON VS GENERAL MOTORS LLC [IMAGED]  37-2022-00023251-CU-BC-NC Calendar No.: Event ID:  TENTATIVE RULINGS

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