Judge: Lee S. Arian, Case: 22STCV06897, Date: 2024-09-20 Tentative Ruling

Case Number: 22STCV06897    Hearing Date: September 20, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

 

MOTION TO CONTINUE TRIAL

Hearing Date: 9/20/24¿ 

CASE NO./NAME: 22STCV06897 JESUS ROMERO vs INTEX REALTY CORP et al.

Moving Party: Defendant Intex Realty Crop 

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED. 

 

On February 24, 2022, Plaintiff filed the present case. On August 22, 2024, Defendant Intex Realty Corp filed a motion for summary judgment against Plaintiff, with a hearing set for April 23, 2025. The trial is currently set for October 11, 2024. Defendant moves the court to either advance its motion for summary judgment prior to the scheduled trial date or continue the trial so its MSJ can be heard. No opposition to the motion to continue has been filed.

"[A] trial court may not refuse to hear a summary judgment 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). The court finds that continuing the trial date so Defendant’s motion for summary judgment can be heard constitutes good cause, especially since no parties filed an opposition alleging prejudice. Defendant does not request to reopen discovery.

Based on the foregoing, the Court will continue the October 11, 2024 trial.  However, a number of new summary judgment dates have opened on the Court’s calendar.  So, the Court will meet with the parties to set appropriate dates.

 

PLEASE TAKE NOTICE:

 

If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

 

Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

 

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.