Judge: Cherol J. Nellon, Case: 21STCV17113, Date: 2023-08-21 Tentative Ruling
Case Number: 21STCV17113 Hearing Date: August 21, 2023 Dept: 14
Instant Motion
Defendant Board now moves this
court for an order continuing the trial date to December 13, 2023, with a final
status conference of December 4, 2023.
Decision
The motion is GRANTED. The hearing
on the motion for summary judgment is continued to November 21, 2023, at 8:30
am. Trial is continued to January 22, 2024, at 10 am. Final Status Conference
is continued to January 12, 2024, at 9 am.
Discussion
Trial
courts may not refuse to consider a timely-filed motion for summary judgment. Cole
v. Superior Court (2022) 87 Cal.App.5th 84, 88. A motion is
timely filed if it is made within 105 days of trial, plus whatever additional time
may be added on if the motion is served by email or mail. Id. at 87-88. The
105 days comes from adding the 75-day notice period contained in Code of Civil
Procedure § 437c(a)(2) and the requirement in Code of Civil Procedure
§ 437c(a)(2) that the hearing be held 30 days before trial “unless the
court for good cause orders otherwise.” The trial court may, for “good cause,”
decide to hear a summary judgment even if the 75th day of the notice
period falls within the 30 days before trial. See Beroiz v. Wahl (2000)
84 Cal.App.4th 485 494 fn.4. However, it is not obliged to do so.
See Cole, supra, 87 Cal.App.5th at 87-88.
Defendant
Board filed and served a motion for summary judgment on June 16, 2023. This was
108 days in advance of trial. The motion was timely. This court is obliged to
hear it, which means that the court is obliged to continue the trial date.
The motion
for summary judgment is currently set for November 13, 2023. This date no
longer works for the court’s calendar. The motion for summary judgment is
therefore continued to November 21, 2023, at 8:30 am.
Trial is
continued, based on the court’s availability, to January 22, 2024, at 10 am.
Final Status Conference is continued to January 12, 2024, at 9 am.