Judge: Michelle Williams Court, Case: 23STCV07289, Date: 2023-11-22 Tentative Ruling

Case Number: 23STCV07289    Hearing Date: November 22, 2023    Dept: 1

On November 8, 2023, DEFENDANT FRESNO CHRYSLER JEEP, INC. filed and electronically served a  MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION.  DEFENDANT FRESNO CHRYSLER JEEP, INC.'s MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION was timely filed and served 107 days before the current trial date. A trial court may not refuse to hear a summary judgment motion filed within the time limits of California Code of Civil Procedure § 437c. (See Wells Fargo Bank v. Superior Court (1988) 206 Cal.App.3d 918.) 

Plaintiff states that he does not oppose Defendant's ex parte application for the Court to find good cause to hear DEFENDANT FRESNO CHRYSLER JEEP, INC.'s MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION  on February 2, 2024 -- less than 30 days before trial.  The Corut finds good cause based on the unavailability of a sooner date that is at least 30 days before trial.

Accordingly, DEFENDANT FRESNO CHRYSLER JEEP, INC.'s ex parte application is GRANTED.  The Court finds good cause for DEFENDANT FRESNO CHRYSLER JEEP, INC.'s MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION to be heard less than 30 days before trial.  DEFENDANT FRESNO CHRYSLER JEEP, INC.'s MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION shall be heard on February 2, 2024 at 10:00 am in Department 12.  All opposition and reply papers shall be timely filed and served per Code of Civil Procedure section 437c.

The trial remains set for February 23, 2024 in Department 12.

DEFENDANT FRESNO CHRYSLER JEEP, INC. is to give notice and file proof of service of such.