Judge: Lee W. Tsao, Case: 23NWCV02913, Date: 2025-01-23 Tentative Ruling

Case Number: 23NWCV02913    Hearing Date: January 23, 2025    Dept: F

Diggs v. Kia America, Inc. (23NWCV02913)

This lemon law action was filed on September 14, 2023. Trial is set for May 14, 2025. Defendant Kia America, Inc. now applies ex parte to advance the hearing on Defendant’s Motion for Summary Judgment, or in the alternative, to continue trial to a date after the hearing on the motion, currently scheduled for July 23, 2025. Defendant argues it has acted diligently in conducting discovery and filing this Motion. Further, trial has not yet been continued.

Plaintiff Maxine Diggs does not oppose a trial continuance provided that all trial deadlines are continued as well. Plaintiff opposes advancing the hearing on the Motion for Summary Judgment because Plaintiff is currently meeting and conferring with Defendant regarding discovery needed to oppose the motion.

Defendant’s Ex Parte Application for an Order to Continue the Current May 14, 2024 Trial Date or to Advance the Hearing on the Defendant’s Motion for Summary Judgment is GRANTED as to the trial continuance. Defendant’s Motion for Summary Judgment was timely filed and served per CCP  § 437c in accordance with current trial date. A continuance of trial until after the Motion for Summary Judgment hearing is reasonable. The Court will confer with the parties to select a new final status conference and trial date. Discovery and all trial deadlines will track the new trial date. Moving Party to give notice.