Judge: Lee W. Tsao, Case: 23NWCV01138, Date: 2025-03-28 Tentative Ruling

Case Number: 23NWCV01138    Hearing Date: March 28, 2025    Dept: F

Jaracuaro v. General Motors LLC (23NWCV01138)

This lemon law action was filed on April 14, 2023. Trial is set for May 28, 2025. Defendant General Motors LLC’s Motion for Summary Judgment/Motion for Summary Adjudication is set for hearing on June  17, 2025. Defendant filed its motion on February 10, 2025, in compliance with Code of Civil Procedure section 437c, subdivision (a). Defendant now moves ex parte to continue trial or advance the Motion. Defendant argues it will be irreparably harmed if its Motion is not heard before trial.

Defendant asserts that it filed its Motion on February 10, 2025, which provided sufficient time before trial to have it heard with a full 77-day notice period, 30 days prior to trial, in accordance with Code of Civil Procedure section 437c, subdivision (a). The Court notes that the current notice period is 81 days as of January 1, 2025, under the amended Code of Civil Procedure section 437c, subdivision (a). Thus, the Motion was untimely filed. However, the Court finds good cause for a brief trial continuance, where advancing the Motion would be unfeasible due to the Court’s congested calendar. The Court finds Defendant would be prejudiced if its Motion could not be heard before trial.

Accordingly, Defendant’s Ex Parte Application to Continue Trial and All Related Dates is GRANTED, pursuant to Code of Civil Procedure section 437c, subdivision (a)(3). The Court will confer with the parties to select a new trial and final status conference date. Discovery and all trial deadlines will track the new trial date. Moving Party to give notice.