Judge: Holly J. Fujie, Case: 21STCV25926, Date: 2023-03-24 Tentative Ruling

Case Number: 21STCV25926    Hearing Date: March 24, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant State Farm Mutual Automobile Insurance Company (“Moving Defendant”)

RESPONDING PARTY: Plaintiff

The Court has considered the moving, opposition and reply papers.

BACKGROUND

            On July 14, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of contract; and (2) breach of duty of good faith and fair dealing – bad faith.  The trial is currently scheduled to begin on August 7, 2023.  On January 24, 2023, Moving Defendant reserved a hearing date for a motion for summary judgment (the “MSJ”).  On February 27, 2023, Moving Defendant filed a motion to specially set the MSJ (the “Motion”). 

DISCUSSION

Under California Code of Civil Procedure (“CCP”) section 437c, subdivision (a)(1), a party may move for summary judgment at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.¿ (CCP § 437c, subd. (a)(1).)¿ Notice of the motion and supporting papers must be served on all other parties at least 75 days before the time appointed for hearing.¿ (CCP § 437c, subd. (a)(2).)¿ The motion must be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise.¿ (CCP § 437c, subd. (a)(3).)¿¿¿ 

            When Moving Defendant attempted to reserve a hearing date for the MSJ on January 24, 2023, the first available hearing date was July 19, 2023.  (Declaration of Linda A. Breeding (“Breeding Decl.”) ¶ 3.)  The Motion requests that the hearing date be set between July 5, 2023 and July 7, 2023 to allow the MSJ to be heard 30 days before the trial date.  There are no available dates for an MSJ to be set during that time period.

              The Court, on its own motion, CONTINUES the trial date to August 28, 2023 and the final status conference date to August 22, 2023.  The Motion is therefore MOOT.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person.  The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.  This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

       Dated this 24th day of March 2023