Judge: Helen Zukin, Case: 21STCV23459, Date: 2023-03-16 Tentative Ruling

Case Number: 21STCV23459    Hearing Date: March 16, 2023    Dept: 207

Defendant Allstar Financial Services, Inc. (“Allstar”) has moved for summary judgment or summary adjudication of the claims made by Plaintiff Gregory Scott Demos (“Plaintiff”) in Case No. 21STCV23459. On March 13, 2023, Allstar filed a reply in support of its motion attaching new evidence in the form of the deposition testimony of Jackie Theis. “[P]oints raised for the first time in a reply brief will ordinarily not be considered, because such consideration would deprive respondent of an opportunity to counter the argument. [Citations.]” (Jay v. Mahaffey (2013) 128 Cal.App.4th 1522, 1538.) It appears Ms. Theis was not deposed until after Allstar had already filed its motion, and thus Ms. Theis’ deposition testimony could not have been included in Allstar’s original moving papers. The Court in its discretion will consider the deposition testimony of Ms. Theis in ruling on Allstar’s motion, however Plaintiff should be given an opportunity to respond to this new evidence, which he could not have addressed in his opposition. The hearing on Allstar’s motion is advanced to this date and continued to March 27, 2023. Plaintiff may file a supplemental opposition to the new evidence contained in Allstar’s reply, not to exceed 5 pages, by March 21, 2023.