Judge: Cherol J. Nellon, Case: 22STCV23359, Date: 2023-11-21 Tentative Ruling

Case Number: 22STCV23359    Hearing Date: November 21, 2023    Dept: 14

Instant Motion

Defendant now moves this court, per Code of Civil Procedure § 437c, for summary judgment on the Complaint.

Decision

            The motion for summary judgment is CONTINUED to March 4, 2023, at 8:30 am. All parties may file updated moving, opposition, and reply papers so long as they comply with the applicable statutory notice provisions.

Discussion

            Plaintiff seeks a continuance pursuant to Code of Civil Procedure § 437c(h), which provides as follows:

“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.”

The Declaration of Michael D. Murphy details counsel’s attempts to depose various third-party witnesses. Without committing to an opinion on how to characterize the interactions and bargaining between counsel, it is simply the fact that those depositions have not commenced.

Since the cause of action here is slander, and Plaintiff admits in his declaration that he was not present when the slander is alleged to have occurred (see generally Declaration of Charly Netel), the deposition of third-party witnesses is essential to his case. Therefore, the qualifications for Section 437c(h) have been met.

The current trial date is April 4, 2024. The court is available to hear a motion for summary judgment on March 4, 2024. This is 31 days before the trial, and will give Plaintiff ample time to conduct the depositions he needs.

Conclusion

Plaintiff has met the requirements of Code of Civil Procedure § 437c(h), and is therefore entitled to a continuance. The motion for summary judgment is CONTINUED to March 4, 2023, at 8:30 am. All parties may file updated moving, opposition, and reply papers so long as they comply with the applicable statutory notice provisions.