Judge: Mark E. Windham, Case: 24STLC01982, Date: 2024-05-06 Tentative Ruling
Case Number: 24STLC01982 Hearing Date: May 6, 2024 Dept: 26
Hazani v. Dickson, et al.
MOTION
FOR SUMMARY JUDGMENT
(CCP § 437c)
TENTATIVE RULING:
Motion of Joseph Ariel Hazani, Son of David, Son of
Remington, Son of Keith, Son of Jacob,
for Summary Judgment is DENIED.
ANALYSIS:
Discussion
A motion for summary judgment must be brought upon at least
75 days’ notice when personally served. (Code Civ. Proc.,§ 437c, subd. (a)(2).)
The Court has no discretion to
shorten the notice period since it relates to due process to the non-moving
party. (McMahon v. Superior Court
(2003) 106 Cal.App.4th 112, 115-16.) However, if an opposing party files an
opposition on merits and makes no objection to the shortened notice, the
defective service or shortened notice is waived. (Yanez v. Vasquez
(2021) 65 Cal.App.5th Supp. 1, 6 [citing Carlton v. Quint (2000) 77
Cal.App.4th 690, 697].)
The instant
Motion for Summary Judgment was served only 43 days prior to the hearing date. As
the notice period is insufficient and there is no waiver of the defect in
notice, the Motion is denied.
Conclusion
Motion of Joseph Ariel Hazani, Son of David, Son of
Remington, Son of Keith, Son of Jacob,
for Summary Judgment is DENIED.
Court clerk to give notice.