Judge: Serena R. Murillo, Case: 21STCV23492, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV23492    Hearing Date: December 16, 2022    Dept: 29

TENTATIVE
 Defendant’s motion is GRANTED.  The hearing dates for the hearings on LAH and LMGI’s motions for summary judgment are shortened to May 16, 2023 at 1:30 p.m.

LEGAL STANDARD

            Pursuant to California Rules of Court, Rule 3.503(a), trial judges may shorten or extend the time in which any act is permitted or required to be done “on terms that are just.” Additionally, Code of Civil Procedure Section 128 provides trial courts with broad discretion to regulate the proceedings before them, while Section 1005(b) expressly recognizes courts’ general power to order abbreviated briefing and service dates.

Analysis

            Defendants LAH and LMGI move for the Court to advance the date(s) of their summary judgment hearings on the grounds that there is good cause and they would be severely prejudiced were the Court to maintain the current hearing dates. The Court agrees.

I. Good Cause Exists

            According to LAH and LMGI, good cause exists to advance the September 20 and 27, 2023 hearing dates. LAH and LMGI argue that resolving the issues brought on summary judgment may obviate the need for certain expert and deposition testimony. Additionally, the argue that moving the summary judgment hearings before trial would benefit both sides by allowing them to focus discovery and trial preparation on the issues and parties that are properly in contention. Finally, they argue that the narrowing of the issues at trial will increase efficiency and judicial economy.

            Plaintiff does not oppose this request and in fact agrees that the summary judgment motions should be heard together in the interests of judicial economy. (Plaintiff’s Opposition, p. 2, lines 1-3.) Accordingly, because the hearings on summary judgment would be moot were the Court to not advance the current dates, the Court agrees there is good cause to advance the hearing dates.

II. No Prejudice Will Result

            LAH and LMGI also argue that while any prejudice to Plaintiff from advancing the hearing date of the motions can be limited or avoided, they will suffer severe prejudice if the motions are not advanced. They argue that if the hearing dates are not continued, they will have to prepare for trial in earnest and participate in trial even though they are not proper parties to this matter. Additionally, LAH and LMGI argue that because they have already filed their moving papers for the summary judgment motions, the hearing dates can still be scheduled so that Plaintiff has the requisite 75-day period in which to file oppositions. Finally, they argue that to increase efficiency, the hearing dates can be combined because evidence and legal basis for both are substantially the same.

Plaintiff does not allege that he will suffer any prejudice by advancing the hearing dates for the summary judgment motions. Accordingly, the Court agrees with LAH and LMGI that the hearing dates can be advanced without prejudice.

Conclusion

            Based on this, the Court finds there is good cause to shorten the hearing dates for the summary judgment motions.

          Accordingly, Defendant’s motion is GRANTED.  The hearing dates for the hearings on LAH and LMGI’s motions for summary judgment are shortened to May 16, 2023 at 1:30 p.m.

Moving party to give notice. 

            Defendants are to give notice.