Judge: Carolyn M. Caietti, Case: 37-2019-00051102-CU-PO-CTL, Date: 2023-09-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2019-00051102-CU-PO-CTL MOVAHEDI VS HST LESSEE SAN DIEGO LP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 06/14/2023

Defendants Host San Diego Hotel, LLC, HST Lessee San Diego, LP and Starwood Operator II, LLC's Renewed Motion for Summary Judgment is OFF CALENDAR.

This case concerns a slip and fall at a hotel. On January 25, 2023, the Court denied Defendants' first Motion for Summary Judgment, finding certain facts regarding Defendants' duty to remedy a danger were unresolved and disputed facts existed as to breach and whether Defendants exercised reasonable care. (ROA 133 – Misc. Minute Order dated Jan. 25, 2023.) On June 14, 2023, Defendants filed this 'renewed' motion for summary judgment. Plaintiff has not opposed.

A motion for summary judgment must be heard no later than 30 days before the date of trial, unless a judge orders otherwise for good cause. (C.C.P., § 437c(a)(3).) 'Unless and until the trial court [finds] good cause, the notice of hearing [is] invalid. The party opposing a summary judgment motion should not be under an obligation to respond on the merits – and risk wasting its resources – given that the trial court may ultimately decide that good cause does not exist.' (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268.) Here, Defendants noticed their motion for hearing within 30 days of the trial date without first obtaining a determination of good cause. The Trial Readiness Conference is in six days from this hearing on September 7, 2023, and Trial Call is in three weeks on September 21, 2023. Defendants do not address the timing of this motion, nor offer any good cause. Plaintiff, as the party opposing this motion, is 'not under any obligation to respond on the merits.' (Robinson, supra.) The Court does not find any good cause for why this motion should be heard and the notice is invalid.

For these reasons, the renewed motion for summary judgment is OFF CALENDAR.

The Clerk of the Court is ordered to serve notice of this ruling.

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