Judge: Elaine Lu, Case: 21STCV03715, Date: 2023-10-27 Tentative Ruling
Case Number: 21STCV03715 Hearing Date: October 27, 2023 Dept: 26
Defendant's ex parte application to reinstate January 17, 2024 hearing for Defendant's motion for summary judgment or in the alternative summary adjudication is GRANTED. Pursuant to the Court's April 20, 2023 minute order, Defendant's motion for summary judgment or in the alternative summary adjudication, which Defendant filed and served on September 29, 2023 shall be heard on January 17, 2024 at 8:30 am; the hearing on such motion is advanced from May 17, 2024 to January 17, 2024 at 8:30 am.
A quick review of the moving papers that Defendant filed on September 21, 2023 and September 29, 2023 reveals that although the caption of these moving papers indicate that they are being concurrently filed with a Declaration of Mark A. Szymansk, no such Declaration of Mark A. Szymansk appears on the Court's docket. If this is an oversight, and if Defendant intended to include a Declaration of Mark A. Szymansk in its moving papers, Defendant must timely file and serve such Declaration of Mark A. Szymansk and file proof of service of such, i.e., at least 75 days plus 2 days for electronic service before the January 17, 2024 hearing.
Defendant to give notice.