Judge: Kerry Bensinger, Case: 22STCV14528, Date: 2023-09-29 Tentative Ruling

Case Number: 22STCV14528    Hearing Date: September 29, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 29, 2023               TRIAL DATE:  October 27, 2023

CASE:                                Aram Dachian, et al. v. Zhong Xin Du

CASE NO.:                 22STCV14528

MOTION FOR SUMMARY ADJUDICATION

MOVING PARTY:                   Plaintiffs Aram Dachian and Aram Dashyan

RESPONDING PARTY:     No opposition

            On August 3, 2023, Plaintiffs, Aram Dachian and Aram Dashyan, filed this motion for summary adjudication. 

            Plaintiffs’ motion is procedurally defective.  Code of Civil Procedure, section 437c requires parties to serve notice of a motion for summary judgment or summary adjudication and all supporting papers at least 75 days before the time appointed for hearing.  (Code Civ. Proc., § 437c, subd. (a)(2).)  Further, the motion must be heard¿no later than 30 days before the date of trial, unless the court for good cause orders otherwise.  (Code Civ. Proc., §  437c, subd. (a)(3).)  The trial court has no power to change the notice and filing periods of section 437c.  (Hernandez v. Superior Court (2003) 112 Cal.App.4th, 285, 299.)   Here, Plaintiffs filed and served this motion on August 3, 2023 which is only 58 days before the hearing date.  Moreover, the hearing date is only 29 days before the trial date.  Even if Plaintiffs had filed their motion at least 75 days before the hearing, Plaintiffs have not requested before filing this motion that the Court make a separate order finding good cause to hear this motion within 30 days of the trial date.  (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268 (holding it is an abuse of discretion to hear a summary judgment motion within 30 days of the trial date without prior determination of good cause.)

Based on the foregoing, the motion for summary adjudication is DENIED.

Moving party to give notice. 

Dated:   September 29, 2023                                            ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.