Judge: Steven A. Ellis, Case: 23STCV09093, Date: 2023-08-03 Tentative Ruling

Case Number: 23STCV09093    Hearing Date: January 5, 2024    Dept: 29

Tentative

Plaintiff’s motion for summary judgment is DENIED without prejudice on the ground that Plaintiff has filed this motion prematurely.

Background 

On April 25, 2023, Plaintiff Heidy Garcia (“Plaintiff”) filed a complaint against Defendant LA Rentals (“Defendant”), alleging a negligence cause of action.

Defendant has not answered or otherwise appeared.

On July 11, 2023, Plaintiff filed a motion for summary judgment. The Court denied that motion on the ground that it was premature, as Defendant had not yet answered or made a general appearance.

On October 5 and November 21, 2023, Plaintiff filed additional motions for summary judgment.  The Court denied those motion on the same ground: they were premature as Defendant had not yet answered or made a general appearance.

On December 8, 2023, Plaintiff filed another motion for summary judgment.

Discussion 

A party may not file a motion for summary judgment until at least 60 days after the general appearance of the party against whom it is directed, unless the court permits it earlier for good cause shown. (Code Civ. Pro., § 437c, subd. (a).) Defendants make a general appearance when they answer, demur, move to strike, move for change of venue, move for reclassification, or when an attorney gives notice of defendant's appearance. (Code Civ. Pro., § 1014.)

Here, Defendant has not yet answered or made a general appearance.  As the Court has previously ruled, and now rules again, Plaintiff’s motion is DENIED without prejudice; the motion is premature, as Defendant has not yet answered or made a general appearance.

Conclusion

Plaintiff’s motion for summary judgment is DENIED without prejudice.

Moving party is ordered to give notice.