Judge: Lee S. Arian, Case: 22STCV04442, Date: 2025-02-11 Tentative Ruling

Case Number: 22STCV04442    Hearing Date: February 11, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 4, 2022, Plaintiff filed the present motor vehicle case. On December 30, 2024, Defendant Aaron Lopez filed his motion for summary judgment, set to be heard on June 17, 2025. Trial is currently set for April 24, 2025.

Numerous appellate courts have held that a trial court cannot refuse to consider a timely-filed motion for summary judgment. "A trial court may not refuse to hear a summary judgment motion filed within the time limits of [Code of Civil Procedure] section 437c. [Citation.] Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion." (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529); accord First State Inc. Co. v. Superior Court (2000) 79 Cal.App.4th 324, 330 [invalidating case management order to the extent it precluded filing motions pursuant to section 437c]; Wells Fargo Bank v. Superior Court (1988) 206 Cal.App.3d 918, 923 [local court rule that "requires a party filing a complex summary judgment motion to file the motion six months before the date set for trial is void and unenforceable because it is inconsistent with section 437c"].) The Sentry court observed: "We are sympathetic to the problems the trial courts experience in calendaring and hearing the many motions for summary judgment. However, the solution to these problems cannot rest in a refusal to hear timely motions." (Sentry, supra, at p. 530.) 

The present motion for summary judgment is timely, as it was filed 105 days before trial. Additionally, no party has filed an opposition contesting its timeliness. Accordingly, the Court continues the trial date to August 18, 2025, at 8;30 a.m., after the summary judgment hearing set for June 17, 2025.  The Final Status Conference is continued to August 1, 2025, at 10:00 a.m. All case related deadlines will follow the new trial date.

Moving party to give Notice.  

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’s 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.