Cecilia Alonzo vs Mark Olmos, et al.
Motion for Summary Judgment; Case Management Conference
Motion type
Parties
Attorneys
Ruling
25CV-00394 Cecilia Alonzo vs Mark Olmos, et al.
Motion for Summary Judgment
The motion for summary judgment is DENIED WITHOUT PREJUDICE.
Code of Civil Procedure section 437c, subdivision (h) states in pertinent part, “If it appears from the affidavits submitted in opposition to a motion for summary judgment . . . that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion . . . or make any other order as may be just.” (Code Civ. Proc. § 437c, subd. (h).)
Here the declaration of John Bell submitted in opposition identified outstanding discovery regarding facts that may exist and be essential for the opposition but cannot be presented as discovery is incomplete.
Accordingly, the motion for summary judgment is denied without prejudice. The motion may be renewed after discovery is complete.
Case Management Conference
CONTINUED ON THE COURT’S OWN MOTION TO March 29, 2027, at 10:00 a.m. in Courtroom 8.
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