Judge: Mark H. Epstein, Case: 23SMCV03126, Date: 2025-04-02 Tentative Ruling
Case Number: 23SMCV03126 Hearing Date: April 2, 2025 Dept: I
The application is DENIED IN PART AND GRANTED IN PART. The court will not specially set the hearing
date. However, the court will, in its
discretion, hear the motion less than 30 days before trial. As such, the motion hearing date will remain
June 10, 2025, but the matter will be heard.
The court believes that this will ensure that plaintiff has ample time
to oppose the motion (and defendant will have time to reply), without
overcrowding another day. The court
recognizes that this is very close to the FSC date, but that is true whether
the court hears the matter on June 10 or June 3 (which is the earliest date the
matter could have been scheduled given the notice requirements). The court notes that it is probably not a
good practice to file on the very last possible day. Had the filing been even one day later, then
the motion might have simply been out of time.