Judge: Robert C. Longstreth, Case: 37-2022-00033048-CU-BC-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00033048-CU-BC-CTL SMITH VS GERACI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/12/2024

Cross-Complainant Mark Geraci's unopposed Motion [for Leave] to File First Amended Cross-Complaint (ROA 73) is GRANTED.

Cross-Complainant is to file the First Amended Cross-Complaint on or before May 24, 2024.

Cross-Complainant's request for attorney fees and costs is denied. This request was not properly set forth in the notice of motion, nor did Cross-Complainant cite adequate legal authority for this request.

Cross-Complainant Mark Geraci's Motion for Summary Judgment or Adjudication (ROA 64) is DENIED on the grounds it is moot.

'It is well established that the pleadings determine the scope of relevant issues on a summary judgment motion.' (Nieto v. Blue Shield of Calif. Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74.) At the time Cross-Complainant filed his motion, the original Cross-Complaint was the operative pleading.

Although the motion contains some discussion regarding Cross-Complainant's new contract-based claims against Cross-Defendants, the First Amended Cross-Complaint ('FAXC') was not at issue.

Indeed, Cross-Complainant did not file his motion for leave to file the FAXC until long after the summary judgment papers had been filed, with the result that Cross-Defendants did not have the benefit of knowing what would be alleged in the amended pleading until less than 75 days before hearing on the summary judgment motion. (See Code Civ. Proc. § 437c(a)(2).) Further, no judgment can be rendered as to a pleading that has yet to be filed.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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