Judge: Lee S. Arian, Case: 23STCV22029, Date: 2025-04-18 Tentative Ruling

Case Number: 23STCV22029    Hearing Date: April 18, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant City of Los Angeles moves to continue the current trial date of July 10, 2025, to a date no earlier than September 17, 2025, so that its motion for summary judgment scheduled for August 18, 2025 may be heard in compliance with Code of Civil Procedure section 437c(a)(3), which requires the motion to be heard at least 30 days before trial.

 On March 19, 2025, Defendant filed its motion for summary judgment. The hearing is currently scheduled for August 18, 2025, which is after the current trial date of July 10, 2025. Plaintiff does not dispute the filing date or that the motion was timely. Plaintiff only requests that the continued trial date not extend beyond September 17, 2025. Numerous courts of appeal 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 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.)

Accordingly, the motion for summary judgment is timely filed, and the request to continue trial is granted so that the motion may be heard prior to trial.

The new Trial Date is set for September 17, 2025, at 8:30 a.m. The Final Status Conference is continued to September 3, 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 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.