Mohan vs. USC Developers LLC

under section 437c, subdivision (h).” (Cooksey v. Alexakis (2004) 123 Cal.App.4th 246, 254.)

Here, the Court finds Plaintiffs have not made the showing required under CCP section 437c(h), for their requested continuance of 120 days. Plaintiffs have not shown that the evidence necessary to defeat this motion may exist.

In his declaration, Menon states: “We are not asking for this continuance because we are seeking to delay the resolution of this case. We are asking because we have been placed in an impossible position through no fault of our own. Our counsel has informed us that he cannot find an expert willing to support liability, but we believe the evidence tells a different story. We need time to find an attorney who can present that evidence properly. (ROA 153 [Menon Decl. at ¶ 13].)

The Court notes this action was filed in February 2024 (i.e., more than two years ago). Defendant’s counsel attests that no written discovery has been served by Plaintiffs, nor have they noticed the depositions of any defendant or witnesses. (ROA 165 [Bunch Decl. at ¶ 4].) Plaintiffs’ counsel’s (recent) request to withdraw does not explain why opposing evidence could not have been obtained in the more than two years since this action was filed, or the months since this motion was filed.

The Court notes that Plaintiffs submitted “supplemental declarations” on 6/5/26 (ROA 169), but the Court need not consider these tardy declaration because Plaintiffs have not shown good cause. Further, the supplemental declarations do not raise a triable issue of material fact.

For the foregoing reasons, Defendant Day’s motion for summary judgment is granted; Plaintiffs’ request for a continuance is denied. Defendant is ordered to give notice of the ruling.

8 Mohan vs. USC Motion to Expunge Mechanics Lien Developers LLC The court will hear argument.

9 Niguel Summit Demurrer to Complaint / Motion to Strike Complaint Community Association vs. The Court sustains Defendant Monarch Summit I Homeowners Pacific Island Association’s Demurrer to the second cause of action for negligence Village III per se in Plaintiff Niguel Summit Community Association’s Homeowners Complaint. The remainder of the Demurrer is overruled. Association, Inc. Merits