Judge: Lee S. Arian, Case: 23STCV21641, Date: 2025-01-06 Tentative Ruling

Case Number: 23STCV21641    Hearing Date: January 6, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 8, 2023, Plaintiff filed the present case. Trial is set for March 7, 2025. On November 22, 2024, Amtrak filed and served its motion for summary judgment in a timely manner so that it could be heard on February 11, 2025. Unfortunately, the earliest available date on the Court’s reservation system was July 11, 2025, which is more than four months after the current trial date. Amtrak now moves to continue the trial or advance the hearing date for its motion for summary judgment.

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.) 

Defendant’s motion for summary judgment is timely filed, and therefore Defendant is entitled to have its motion heard. The case was filed on September 8, 2023, and the motion for summary judgment is set to be heard within the two-year period in which cases of this nature are to be resolved. The Court finds good cause to continue the trial to September 8, 2025, at 8:30 a.m., and the final status conference to August 25, 2025, at 8:30 a.m.. Trial-related deadlines are not to follow the continued trial date, as continuing the trial date to allow for the hearing of the motion for summary judgment does not justify reopening pre-trial activities.  The parties may, however, stipulate to continue these dates; or, a party can bring a motion to continue any such dates.

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.