Judge: Steven A. Ellis, Case: 22STCV03581, Date: 2025-02-04 Tentative Ruling

Case Number: 22STCV03581    Hearing Date: February 4, 2025    Dept: 29

Aldana v. St. John Bosco High School
22STCV03581
Defendant’s Motion for Summary Judgment

Tentative

Plaintiff requests that the Court deny the motion or, in the alternative, continue the hearing so that a potentially key witness may be deposed.  Code of Civil Procedure section 437c, subdivision (h), provides, in pertinent part:

“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.”

Given the high stakes involved in a summary judgment motion, a request to continue the hearing should not be denied “without good reason.” (Denton v. City and County of San Francisco (2017) 16 Cal.App.5th 779, 794; Frazee v. Seely (2002) 95 Cal.App.4th 627, 634.)

The Court grants Plaintiff’s request to continue. The deposition Plaintiff seeks appears truly essential to the motion, and Plaintiff has provided a sufficient explanation as to why it was not obtained earlier. In addition, the Court notes that it does not appear that a continuance will interfere with the trial schedule. 

The Court continues the hearing for approximately 45 days. Plaintiff may file a supplemental opposition no less than 14 days before the hearing. Defendant may file a supplemental reply no less than 5 days before the hearing.