Vizcarra v. Bevmo! Inc.
Motion to File Summary Judgment Motion Less than 60 Days After Cross-Defendant's General Appearance; Motion to continue trial
Motion type
Parties
Ruling
# Case Name Tentative
[causation]; see also Def. SSMF Nos. 1-17; Ball Decl. ¶¶ 1- 21.)
Plaintiffs have chosen not to oppose this motion and have therefore failed to meet their shifted burden to demonstrate a triable issue of material fact. (See Code Civ. Proc., § 437c, subd. (p)(2) [burden]; see also ROA No. 189 [notice of non- opp.].)
Moving party shall give notice of this ruling.
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61. Vizcarra v. Defendant/Cross-Complainant Canyon Plaza, Inc.’s Motion to Bevmo! Inc. File Summary Judgment Motion Less than 60 Days After Cross-Defendant Beverages & More, Inc.’s General 2023- Appearance in this Action is DENIED. 01348855 Defendant/Cross-Complainant’s alternative request for a continuance of the trial date, a request which Cross-Defendant Beverages & More, Inc. does not oppose, is GRANTED. The Trial in this matter is CONTINUED to February 1, 2027 at 9:30 a.m. in this department.
All deadlines calculated from the date of trial which have not already passed shall be calculated from the continued trial date.
A continuance of the trial date is necessary to permit Cross- Defendant Beverages & More, Inc. an opportunity to conduct discovery so it may potentially oppose Cross-Complainant’s Motion for Summary Judgment/Adjudication. The continuance also permits Cross-Complainant to remedy the defects in the timing of its Motion for Summary Judgment/Adjudication directed towards Cross-Defendant Beverages & More, Inc.
Moving Party shall provide notice of this ruling.
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