Judge: Mark H. Epstein, Case: 23SMCV05640, Date: 2024-08-20 Tentative Ruling

Case Number: 23SMCV05640    Hearing Date: August 20, 2024    Dept: I

The court is in receipt of the motion to compel arbitration.  A late opposition was filed by plaintiff.  The court has read the opposition, and the court believes a response is appropriate as to the waiver point.  Because the opposition was untimely and no justification for that was given, the court could strike the opposition and decide the motion on the moving papers alone.  However, under the circumstances, the court believes that the better course is to consider the opposition and CONTINUE the matter to allow the moving party to file a reply (which need not be limited to the waiver issue).  The court will discuss timing with the parties.  There will be no sur-reply absent leave of court.

The court warns plaintiff’s counsel that it is more luck than skill that the court did not simply strike the untimely papers.  It is bad form to file the papers so late (1 week ago), and it is worse form to do so without leave of court, justification, or even an apology.  Plaintiff’s counsel has used its one free bite.  From this point forward, the court expects there to be compliance with the rules or at least an acknowledgement and explanation if there is a violation.