Judge: Kevin C. Brazile, Case: 19STCV11551, Date: 2022-09-28 Tentative Ruling

Hearing Date: September 27, 2022

Case Name: Ora v. The Grand Sherman Oaks, et al.

Case No.: 18STCV02815 

Matter: Motion for Summary Judgment/Adjudication

Moving Party: Defendants the Grand Sherman Oaks, LLC and Alliance Communities,

Inc. 

Responding Party: Plaintiff Scott Douglas Ora

Notice: OK

Ruling: The Motion is denied.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On October 29, 2018 Plaintiff Scott Ora filed a Complaint asserting causes of action for (1) housing discrimination under California Government Code section 12955(a) on the basis of disability, (2) otherwise making a dwelling unavailable in violation of California Government Code section 12955(k), (3) unlawful interference under California Government Code section 12955.7, (4) violation of Civil Rights, and (5) negligence against Defendants the Grand Sherman Oaks, LLC and Alliance Communities, Inc. 

On June 28, 2022, the Court denied, without prejudice, a motion for summary judgment/adjudication filed by Defendants the Grand Sherman Oaks, LLC and Alliance Communities, Inc.  The Court found that notice for the motion was insufficient.

Defendants again seek summary judgment or, alternatively, summary adjudication of all causes of action, as well as the issue of punitive damages.

Plaintiff did not substantively oppose the Motion.  Instead, Plaintiff objects that the notice of Motion is again invalid.  

Code Civ. Proc. § 437c(a)(3) states that a motion for summary judgment “shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise.”

Here, the Motion was set for September 27, 2022, when the trial date is October 3, 2022.  Defendants did not obtain an order of good cause to hear the instant Motion less than 30 days from the trial date.  Thus, the notice of Motion is invalid.  (See Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1268 [“Defendants noticed their motion for hearing within 30 days of the trial date without first obtaining a determination of good cause from the trial court. (See § 437c, subd. (a).) Unless and until the trial court found good cause, the notice of the hearing was invalid. The party opposing a summary judgment motion should not be under an obligation to respond on the merits—and risk wasting its resources—given that the trial court may ultimately decide that good cause does not exist.”].)  

Therefore, the Motion is denied.  Plaintiff’s objection is sustained.  The Request for Judicial Notice is denied.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.