Judge: Lee W. Tsao, Case: 23NWCV00876, Date: 2025-01-31 Tentative Ruling

Case Number: 23NWCV00876    Hearing Date: January 31, 2025    Dept: F

Mascorro v. Kloeckner Metals Corporation 23NWCV00876

This wrongful termination action was filed on March 21, 2023. Trial is scheduled to begin on March 27, 2025. Defendants' Motion for Summary Judgment (filed on January 21, 2025) is scheduled to be heard after trial on July 29, 2025. Defendants' Motion for Leave of Court Requiring Plaintiff to Submit to a Physical Examination; and Defendants Motion to Compel Further Discovery Responses are scheduled to be heard after trial on December 2, 2025. 

Defendants now move ex parte for an order continuing the current March 27, 2025 trial date "so they can have their Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication Against Plaintiff ALFONSO MASCORRO... heard no later than 30 days before trial." (Ex Parte 2:6-10.) Defendants argue that a trial continuance is also necessary because Plaintiff refuses to submit for a physical examination, which has "forced" Defendant to file two discovery motions scheduled to be heard after trial on December 2, 2025. 

"A trial court may not refuse to hear a summary judgment motion filed within the time limits of [CCP] section 437c." (Sentry Ins. v. Sup. Ct. (1989) 207 Cal.App.3d 526, 529.) However, here, Defendants' Motion for Summary Judgment/Adjudication was not timely filed within the time limits of CCP section 437c(a)(2), which states that "Notice of the motion and supporting papers shall be served on all other parties to the action at least 81 days before the time appointed for hearing." (Id.) As indicated, Defendants' Motion for Summary Judgment/Adjudication was filed on January 21, 2025. 81 days from January 21, 2025 is April 14, 2025-- beyond the current trial date. Therefore, Defendants cannot secure a hearing date 30 days before trial, because doing so would deprive opposing parties of their statutory right to 81 days of notice. 

Notwithstanding, the Court finds good cause to warrant a continuance based on the existence of outstanding discovery. Defendants' Ex Parte Application to Continue Trial and All Related Deadlines is GRANTED pursuant to CRC Rule 3.1332(c)(6)-- a parties excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. A continuance to a date on or after January 2, 2026 is reasonable, depending on the Court and parties' availabilities. The Court will confer with the parties to select new FSC and trial dates. All pre-trial deadlines will correspond with the new trial date. Moving Party to give notice.