Judge: Lee W. Tsao, Case: 22NWCV00324, Date: 2023-03-16 Tentative Ruling

Case Number: 22NWCV00324    Hearing Date: March 16, 2023    Dept: C

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

CASE NO.:  22NWCV00324

HEARING: 03/16/23

#9

TENTATIVE ORDER

Plaintiff JP MORGAN CHASE BANK, N.A.’s Motion for Summary Judgment or Alternatively Summary Adjudication is CONTINUED to Thursday, May 25, 2023 at 1:30 p.m. in Dept. SE-C.

Defendants to give Notice.

On March 14, 2023, Defendants filed Objections to the Supplemental Declaration of Barbra J. Lopez filed on 03/10/23 in conjunction with Plaintiff’s Reply. “A trial court has discretion to consider new evidence in reply papers supporting a summary judgment motion as long as the opposing party has notice and an opportunity to respond. [Citation.] Evidence which is used to fill gaps in the original evidence created by the opposition is particularly appropriate to consider in a reply. [Citation.]” (Los Angeles Unified School Dist. v. Torres Const. Corp. (2020) 57 Cal.App.5th 480, 540.)

The Court finds that Ms. Lopez’s Supplemental Declaration was submitted to “fill gaps in the original evidence created by” Defendants’ arguments in Opposition. In the interests of justice, and to ensure that Defendants are not deprived of their ability to respond to any “new evidence”, this matter is CONTINUED as indicated above. Defendants are permitted to file and serve a Supplemental Opposition in response to the Supplemental Declaration of Barbra J. Lopez filed on 03/10/23. Defendants’ Supplemental Opposition must be filed and served by no later than May 16, 2023. Plaintiff is permitted to file and serve a Supplemental Reply (if necessary) by no later than May 22, 2023.