Judge: Mark C. Kim, Case: BC716805, Date: 2022-09-15 Tentative Ruling

Case Number: BC716805    Hearing Date: September 15, 2022    Dept: S27

Plaintiffs filed their opposition to this motion on 9/01/22.  The opposition is twenty pages long, and contains a footnote on page six that states, “This brief is 1.5 spaced as permitted by CRC Rule 2.108(1).  Plaintiffs failed, however, to read the remainder of the rule.  2.108(4) makes clear that line numbers must be aligned with a line of type, and that there must be at least three line numbers for every vertical inch of the page.  Plaintiffs’ brief managed to squeeze 37 lines of type onto each page.  A page is eleven inches long. 

Notably, Rule 2.109 requires page numbers, and Rule 2.110 requires a footer, which will necessarily take some space at the bottom of the page. 

While the Court could not find a rule specifically governing the top of the page, Rule 2.115 requires space for hole punching when papers are not electronically filed, and this space also takes up almost an inch at the top of the document; the Court has never seen papers with text commencing at the absolute top of the page. 

Additionally, Rule 2.104 requires 12-point or larger type font.  The Court copied and pasted Plaintiffs’ brief into word, and one page from the brief took up 1.25 pages when copied and pasted and then put into Times New Roman 12-point font. 

When all the above defects are put together, the Court suspects Plaintiffs’ opposing brief is in the neighborhood of 35-40 actual pages long, about double what is permitted.  This case is not particularly complicated, and the Court would not have been inclined to grant an application for leave to file an oversized opposition document. 

The Court finds it would not be in the interest of justice to refuse to consider the document and rule on the motion based only on the moving papers, as summary judgment is an extreme remedy.  The Court is instead continuing the hearing on the motion to require Plaintiffs to file a brief that complies with all Rules of Court. 

The Court is mindful of the fact that the case is set for an FSC on 10/14/22 and trial on 10/17/22.  The hearing on this motion is continued to Tuesday, 10/25/22.  Plaintiffs must file an opposition in compliance with all Rules of Court no later than Wednesday, 10/05/22.  If Defendant wishes to file an updated reply in light of the updated opposition, it must do so no later than Friday, 10/14/22.    

The FSC is continued to Friday, 1/13/23.  The trial date is continued to Tuesday, 1/17/23.

If any of the above dates are not available on the parties’ calendars, they must enter into a stipulation to change the dates.  The MSJ must be heard by the middle of November, and the deadlines for filing opposition and reply must follow the timeline detailed above.  The trial must be between the beginning of January and the end of February, with an FSC less than week prior to the continued trial date. 

Plaintiffs are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.