Judge: David S. Cunningham, Case: BC665309, Date: 2023-01-26 Tentative Ruling

Case Number: BC665309    Hearing Date: January 26, 2023    Dept: 11

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

               The Court has reviewed Icon West’s ex parte application, as well as the Regents’ opposition thereto and Icon West’s reply.  Code Civ. Proc. § 663a gives the Court the authority to extend the deadlines for the filing of briefs in support of motions for new trial or for a different judgment by ten days “for good cause shown by affidavit[.]”  Icon West’s affidavits demonstrate good cause to extend the deadline for it to file the memoranda and supporting documents for its motions to January 17, 2023, and to deem the motions filed as of that date.  (Code Civ. Proc. § 659a.)  While the Regents’ opposition would therefore be due on January 27, 2023, the Regents’ unsworn contentions would demonstrate good cause to extend the deadline ten days, to February 6, 2023, pursuant to Code Civ. Proc. § 659a, if they were contained in an appropriate affidavit.  The Regents will be given leave to file such an affidavit, in which case the Court will grant the extension.  Icon West’s reply will be due five days after that date, pursuant to Code Civ. Proc. § 659a. 

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               It appears that through inadvertence, the Court’s January 18, 2023 nunc pro tunc order did not cure the concern with the prior January 11, 2023 order.  Both orders are hereby further amended nunc pro tunc by striking “Briefing schedule shall be filed and served per Code based on the hearing date” and adding “Briefing schedule shall be filed and served per Code Civ. Proc. § 659a, except as may be extended by the Court pursuant to that section.” 

DATED: January 26, 2023                 ______________________________________________                                                                THE HONORABLE David s. cunningham III

                                                            JUDGE OF THE SUPERIOR COURT