Judge: Monica Bachner, Case: BC643861, Date: 2023-04-27 Tentative Ruling

Case Number: BC643861    Hearing Date: April 27, 2023    Dept: 71

ACA, LLC v. Myron Jeppson Holmstom

BC643861

Defendants’ ex parte application to specially set their Motion for Summary Judgment

 

            The Court discloses that Judge Daniel M. Crowley went to high school with Dennis P. Riley, Esq.  Except for some exchanges of pleasantries at bar events, they have not socialized in over 40 years, and their last encounter at a bar event was likely over 10 years ago.  Judge Crowley believes nothing about his and Mr. Riley’s history will have any impact on the Court’s ruling in this matter.

 

 

 The application is denied.

            Defendants apply for an order specially setting a motion for summary adjudication of Plaintiff’s 6th and 7th causes of action within 30 days of trial.  By statute, motions for summary judgment/adjudication must be heard at least 30 days before trial, unless for good cause the trial court orders otherwise.  (Code of Civil Procedure section 437c(a)(3).)  Defendants’ showing of good cause appears to be only that the motion is “meritorious.”  The Court does not agree that the merit of a motion, alone, is good cause for specially setting a motion for summary adjudication.

            Moreover, the Court finds that Defendants’ need to have the motion specially set is a matter of their own making.   Defendants make no showing as to why they could not have filed their motion shortly after the Court continued the trial from November 4, 2022, to March 13, 2023.   

            Finally, the Court has questions about the merits of the motion.  Defendants’ papers in support of their motion gloss over the fact that Defendants previously moved for summary adjudication of Plaintiff’s 6th and 7th causes of action and that their motion as to those causes of action was denied.  In its summary review of the Defendants’ papers in support of their motion, the Court did not see any declaration establishing newly discovered facts or circumstances supporting a renewed motion.   (Code of Civil Procedure section 437c(f)(2).)