Judge: Steven J. Kleifield, Case: 20STCV42709, Date: 2023-04-19 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.


Case Number: 20STCV42709    Hearing Date: April 19, 2023    Dept: 57

The Court's tentative decision is to continue the hearing on Defendants' summary judgment motion to May 16, 2023, the same day on which Plaintiff's motion for leave to file an amended complaint is set for hearing.  If Plaintiff's motion for leave to file an amended complaint is granted, then Defendants' summary judgment motion may be rendered moot.  (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th  1124, 1131 [reversing summary judgment ruling for defendant because plaintiff's amended complaint overcame basis on which summary judgment was sought].)  Put another way, it likely would be an error for the Court to grant Defendants' summary judgment motion in the face of an amended complaint.  (Ibid.)  Defendants are free to file another summary judgment motion targeting the amended complaint should leave to file that complaint be granted, or even renew their current summary judgment motion and tie it to the amended complaint, provided that the renewal is "appropriately framed."  (Ibid., citation omitted).  If Plaintiff's motion for leave to file an amended complaint is denied at the May 16, 2023 hearing, this would mean, of course, that the Defendants' summary judgment motion is not moot.  In that event, the Court will reset the hearing on Defendants' motion to a future date, within a few weeks after May 16, 2023.