Judge: Michael D. Washington, Case: 37-2022-00023251-CU-BC-NC, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 02, 2024

05/03/2024  09:00:00 AM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

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Civil - Unlimited  Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2022-00023251-CU-BC-NC WALTON VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 11/15/2022

The Motion for Summary Judgment brought by defendant General Motors LLC (the Manufacturer) is continued to Friday, November 8, 2024 at 11:15 a.m.

The Status Conference in this matter is continued to Friday, November 8, 2024 at 11:15 a.m.

This case was previously stayed on April 28, 2023 pending the resolution of the case of Rodriguez v. FCA US (2022) 512 P.3d 654. (ROA 58.) Plaintiff Patrick Walton (Plaintiff) filed a Declaration of Andrew Matera apprising the Court of the status of the Rodriguez case pending before the California Supreme Court and which it appears will largely – or possibly entirely – control the outcome of the pending Motion for Summary Judgment. Accordingly, the continuance of both the motion for summary judgment and the status conference is largely a 'placeholder' so that the parties need not incur additional filing fees to re-set the motion and so that the 75-day notice rules applicable to summary judgment do not create stumbling blocks for re-setting the motion on a quicker time table after the result in Rodriguez is handed down.

Prior to the continued hearing date, both parties shall file Status Reports, limited to 5 pages, apprising this Court of: (1) the status of any developments in the instant case, and (2) the status of the Rodriguez case that is currently pending before the California Supreme Court. Based thereon, this Court will either further continue the matter until Rodriguez is resolved or, once Rodriguez is resolved, will continue the hearing on the Motion for Summary Judgment and set a schedule for additional briefing in light of the outcome in Rodriguez.

Should the Rodriguez case be resolved sooner, either party may come to this Court utilizing the ex parte hearing procedure to seek to have the stay lifted – or the parties may request that the stay be lifted by submitting a stipulation on that issue.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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