Judge: Linda S. Marks, Case: 01242187, Date: 2022-08-01 Tentative Ruling

Plaintiff’s Motion for Summary Judgment

A motion for summary judgment “may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.” (Code Civ. Proc., § 437c, subd. (a)(1).) “The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” (Id., § 437c, subd. (b)(1).)

Here, the motion is premature. It was filed on March 17, 2022, only eight days after Defendant Hoag answered. In addition, Plaintiff did not file any supporting documents. Plaintiff did not submit any evidence, or a separate statement. There is no basis upon which this court can evaluate the merits of the motion.

Tentative Ruling: Plaintiff’s motion for summary judgment is DENIED.

Defendant to give notice of ruling.