Judge: Mark H. Epstein, Case: 23BBCV02030, Date: 2024-08-05 Tentative Ruling

Case Number: 23BBCV02030    Hearing Date: August 5, 2024    Dept: I

This is an application to advance the hearing date for defendant’s special motion to strike.  The motion was filed on July 24, 2024.  It was originally set for October 29, 2024, but because the court will be dark that date, it was continued to November 19, 2024. Defendant is concerned that the court will find that the motion is out of time because it is set more than 30 days after filing.

The court will discuss the matter with the parties, but the court will inquire whether October 29, 2024, was truly the first available date.  That seems later than the court would have assumed, but if it was the first date, then it was.  If there was an earlier date, then the court will inquire why it was not taken.  If defendant sought and took the earliest available date, the court will not strike the motion as being over-noticed.