Judge Lee W. Tsao, Case 22NWCV00324 2023-01-19 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV00324, Date: 2023-01-19 Tentative Ruling

Case Number: 22NWCV00324 Hearing Date: January 19, 2023 Dept: C

JPMORGAN CHASE BANK, N.A. v. PRECISION DIAGNOSTIC IMAGING, INC.

CASE NO.: 22NWCV00324

HEARING: 01/19/23

TENTATIVE ORDER

Plaintiff JP MORGAN CHASE BANK, N.A.’s Motion for Summary Judgment is CONTINUED to Thursday, March 16, 2023 at 1:30 p.m. in Dept. SE-C.

Opposing Party to give Notice.

“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.” (CCP §437c(h).)

Defendants’ Counsel’s Declaration in Opposition indicates that discovery is ongoing. (see Radcliffe Decl., ¶¶10-12.) Importantly, Defendants’ Counsel states: “Defendants have noticed the deposition of Plaintiff’s Declarant and employee, Barbra J. Lopez, and requested documents to be produced at deposition…. It is presently scheduled for January 31, 2021. In her deposition, Defendants’ counsel intends to explore whether Plaintiff JPMorgan Chase Bank did in fact comply with its obligations under the loan documents, as alleged in its Complaint….” (Radcliffe Decl., ¶10.) Defendants’ Counsel states that “the deposition of… Ms. Lopez, will elicit facts essential to justify opposition to her motion for summary judgment, or alternatively, motion for summary adjudication of issues… but cannot be presented in time for an opposition due on January 5, 2023.” (Radcliffe Decl., ¶12.) The information to be derived from Ms. Lopez’s deposition is important to Defendants’ Opposition. In the interests of justice, and in favor of adjudicating this Motion on the merits, this matter is CONTINUED as indicated above.

Supplemental Opposition and Supplemental Reply may be filed and served in accordance with the new hearing date.