Judge: Steven A. Ellis, Case: 22STCV22944, Date: 2024-07-26 Tentative Ruling

Case Number: 22STCV22944    Hearing Date: July 26, 2024    Dept: 29

Tentative

On April 22, 2024, Plaintiff filed this motion to vacate and set aside the judgment entered in this matter on March 22, 2024.  The motion was initially set for hearing on June 5, 2024.  Defendant filed an opposition on May 22, and Plaintiff filed a reply on May 29.

On June 5, the Court, on its own motion, continued the hearing to July 1 (and a further continuance was ordered to July 26 after the case was transferred to Department 29). 

On June 24, Plaintiff filed a supplemental brief and additional declaration from counsel.  These supplemental filings were not authorized by the Court or by any provision of the code.  Defendant filed an objection to the supplemental filing the next day, on June 25.

In light of the significance of the pending motion, the Court exercises its discretion to accept the supplemental filings submitted on June 24.  The Court continues the hearing for approximately 21 days and grants leave to Defendant to submit a supplemental opposition, no later than five court days before the hearing, that responds to Plaintiff’s filing of June 24. 

The Court further directs both parties to Pagnini v. Union Bank (2018) 28 Cal.App.5th 298.  The Court requests that Defendant address, in its supplemental opposition, the significance (if any) of this case on the argument in its opposition at pages 4 and 5.

Other than as expressly set forth in this order, no further briefing is permitted.

Conclusion

The hearing is continued for approximately 21 days.

Defendant is granted leave to file and serve a supplemental opposition no less than five court days before the hearing.

Plaintiff is ordered to give notice.