Judge: Cherol J. Nellon, Case: 23STCV25451, Date: 2025-02-25 Tentative Ruling
Case Number: 23STCV25451 Hearing Date: February 25, 2025 Dept: 14
#8
Case Background
This is an action for violations of the FEHA and
wrongful termination. Plaintiff alleges she suffered discrimination and
wrongful termination after becoming disabled in 2021.
On October 18, 2023, Plaintiff Camille Perez filed her
Complaint against Defendant West Hills Hospital.
On December 30, 2024, Defendant filed its motion for
summary judgment.
On February 10, 2025, Defendant filed this motion to
continue trial.
Instant Pleading
Defendant moves to continue trial to allow its motion
for summary judgment to be heard.
Decision
Defendant’s motion to continue trial is GRANTED. Trial
is continued to August 25, 2025 at 9:00 a.m., Final Status Conferences is set
on August 13, 2025 at 10:00 a.m. Discovery and related dates are to track with
the new date.
Defendant must re-notice its motion for summary
judgment within 10 days of this order.
Discussion
Defendant moves to continue trial to allow its motion
for summary judgment to be heard. Defendant’s counsel represents that she filed
and served Defendant’s motion for summary judgment with sufficient time to meet
the timing requirements under Code Civ. Proc., section 437c. (Chuang Decl.,
¶7.) However, the earliest available hearing date with sufficient notice time
was June 2, 2025. (Id., ¶8.)
The Court finds good cause exists to continue trial because
Defendant could not secure a hearing date for its motion for summary judgment
due to unavailability in the Court’s calendar. Therefore, the motion to
continue trial is GRANTED.
Defendant’s current notice of the summary judgment
motion is invalid because it noticed the hearing date for less than 30 days
before trial and it is not enough for the Court to simply continue trial to
cure defects with the notice. (Robinson v. Woods (2008) 168 Cal.App.4th
1258, 1267-1268.) Thus, Defendant must re-notice the motion for summary
judgment.
Conclusion
Defendant must re-notice its motion for summary
judgment within 10 days of this order.