Judge: Shirley K. Watkins, Case: 21VECV01373, Date: 2022-12-19 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 21VECV01373    Hearing Date: December 19, 2022    Dept: T

21VECV01373 Avila v California Automobile Ins.

Tentative ruling

Motion to Special Set MSJ

As long as it was timely filed and served, the court will allow the motion to be heard as scheduled on 2/23/2022 even though it was set less than 30 days before trial without explanation.

Note: The court reminds counsel that it advised all counsel at the time of the trial setting on 4/12/2022 that it would take 3-4 months to reserve a date for an MSJ and to plan accordingly.  There is no explanation why the motion was not filed in accordance with the court’s instructions.  The defendant’s expert completed his site inspection in March 2022.  The deposition of plaintiff Jesus Avila was taken in July 2022.   The plaintiff’s response to discovery was served in January and March 2022.  Site photos were taken September 2021.  Defendant’s expert Brown’s report is dated April 2022. Video of the water loss is from September 2021.  In other words, the evidence in support of the motion was all available as of July 2022, 5 months ago. The motion could have been timely filed and heard no later than 30 days before trial.