Judge: Steven A. Ellis, Case: 22STCV20365, Date: 2025-05-01 Tentative Ruling

Case Number: 22STCV20365    Hearing Date: May 1, 2025    Dept: 29

Ugale v. H&S Construction Inc.
22STCV20365
Motion for Summary Judgment or, in the Alternative, for Summary Adjudication filed by Defendant Calamigos Ranch Corporation

Tentative

The Court will call this matter and hear from counsel.

The Court has three preliminary, threshold questions for counsel.

First, one of Defendant’s arguments is that a stipulation in Workers’ Compensation Appeals Board (“WCAB”) Case No. ADJ14163040, in which Plaintiff and Defendant were both parties, includes a provision in which Plaintiff released the claims he is asserting against Defendant in this lawsuit. (Defendant’s Exh. I.) Plaintiff submits evidence that he has petitioned to reopen this workers’ compensation matter. (Hansen Decl., Exhs. 14, 16.) Should the Court continue this hearing until after the WCAB rules on Plaintiff’s petition to reopen? How long is that process expected to take?

Second, in its moving papers, Defendant relies in part on the Declarations of Glenn R. Gerson and Garner Gerson. (Defendant’s Exhs. C, J.) Plaintiff objects, arguing that the declarants, in their declarations, gave testimony that was inconsistent with their declarations; Defendant responds that the depositions were taken on March 28 and April 15, and the deponents have yet had the opportunity to review and correct their answers. Should the Court continue this hearing until after the period has elapsed for the deponents to review and correct their answers?

Third, Defendant, with its reply papers, submits a supplemental declaration of Garner Gerson. Plaintiff objects. Should the Court sustain that objection? If not, should the Court continue the hearing so that Plaintiff has the opportunity to respond to this new evidence?