Judge: James A. Mangione, Case: 37-2021-00027850-CU-CO-CTL, Date: 2023-08-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - July 20, 2023

07/21/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2021-00027850-CU-CO-CTL BRENNER VS AVERY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Cross-Defendants David Brenner, Lorena Brenner and the Brenner Family Trust 02-06-15's Motion for Judgment on the Pleadings is denied.

Cross-Defendants brought this motion pursuant to CCP § 438. 'Unless the court permits otherwise, the statutory motion for judgment on the pleadings cannot be 'made' after entry of a pretrial conference order (see CRC 3.720-3.730) or 30 days before the initial trial date ('the date the action is initially set for trial'), whichever is later.' (Presiding Justice Lee Smalley Edmon and Judge Curtis E.A. Karnow (Rutters Group (2023)) Motion for Judgment on the Pleadings, Cal. Prac. Guide Civ. Proc. Before Trial at § 7:280 (citing CCP § 438(e)).) 'The statutory reference to a 'pretrial conference order' should be interpreted to mean the 'case management order' . . . . ' (Id. (citing Cal. Rules of Ct., Rule 3.728).) Here, the case management conference minute order was entered on May 12, 2022 and trial was initially set for June 2, 2023. (ROA 73.) Therefore, the latest deadline to file this motion was May 3, 2023. The instant motion was filed on June 14, 2023, and is therefore untimely.

The minute order is the order of the Court.

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