Judge: Lee W. Tsao, Case: 22NWCV00885, Date: 2024-12-23 Tentative Ruling

Case Number: 22NWCV00885    Hearing Date: December 23, 2024    Dept: F

Forty General Building, Inc. v. Meriam P. Martinez, et al. 22NWCV00885

This breach of contract action was filed on September 26, 2022. Trial is currently scheduled to begin on February 2, 2025. Defendant Ashraf S. Salama’s Motion for Summary Judgment is currently scheduled to be heard after trial, on April 23, 2025. On November 14, 2024, the Court denied Defendant’s ex parte application to advance the hearing date for his Motion for Summary Judgment due to the Court’s congested calendar. Defendant now moves ex parte for an order to Continue Trial Date to a date in six months or later. Defendant argues good cause exists because the Motion for Summary Judgment was timely filed and the post-trial hearing date was the only date available on the Court’s calendar.

Defendant’s ex parte application to Continue Trial Date is GRANTED. Parties have a right to have their timely filed Motion for Summary Judgment heard before the start of trial. (Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88.) A continuance for a trial date on or after August 3, 2025, is reasonable. The Court will confer with the parties to select a new trial date. The discovery cut-off will track the new trial date. Moving Party to give notice.