Judge: Lee S. Arian, Case: 23STCV12597, Date: 2025-02-07 Tentative Ruling

Case Number: 23STCV12597    Hearing Date: February 7, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 5, 2023, Plaintiff filed the present case. On December 6, 2024, Defendant City of Los Angeles filed its motion for summary judgment with a hearing date set for April 23, 2025. However, the trial date is currently set for March 26, 2025, which falls before the MSJ hearing. Defendant now moves the Court to continue the trial date to a date after the MSJ hearing.

Numerous courts of appeal have held that a trial court cannot refuse to consider a motion for summary judgment that is timely 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); 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 "require 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"].) As the Sentry court explained: "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.) 

MSJs must be served at least 107 days before trial if served electronically. (Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88.) Here, Defendant served its MSJ on December 6, 2024, electronically, and the trial date is March 26, 2025, leaving 110 days between service and trial. Thus, the motion is timely, and Defendant has the right to have its MSJ heard before trial.

Thus, the court grants the present motion. The new Trial Date is set for May ____, 2025, at 8:30 a.m. The Final Status Conference is continued to May  ____, 2025, at 10:00 a.m. The only basis to continue the trial date is so the motion for summary judgment can be heard. Defendant has not shown good cause to have the fact discovery cut-off follow the new trial date. Should the parties wish to reopen fact discovery, they can seek to do so either through stipulation or motion.¿ All other case-related deadlines, including expert discovery, will follow the new trial date.

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. 

__________________________ 

Hon. Lee S. Arian  

Judge of the Superior Court