GROSCHUPF vs LEI CONSTRUCTION, BUSINESS ENTITY FORM UNKNOWN, et al.

25CV120507: GROSCHUPF vs LEI CONSTRUCTION, BUSINESS ENTITY FORM UNKNOWN, et al. 07/15/2026 Hearing on Ex Parte Application Lei Construction and Jonathan Lei Application for Order Specially Setting Hearing on Motion for Summary Judgment in Department 18

Tentative Ruling - 07/10/2026 Patrick McKinney

Defendants Lei Construction and Jonathan Lei's Ex Parte Application for an Order Specially Setting the Hearing on their Motion for Summary Judgment/Summary Adjudication is GRANTED. The motion will be heard on September 30, 2026. (Cal Code Civ. Proc. § 437c(a)(3).)

Although the court grants the application, Defendants' attempt to blame the court's reservation system or "because of the Court's congested calendar" is not well-taken. The court set this matter for trial on August 26, 2025 and Defendants could have reserved the motion for hearing anytime thereafter and indisputably before the last possible day for a hearing. Defendant's counsel asserts that her "office attempted to obtain a hearing date complying with Code of Civil Procedure," but does not state when. (Frederick Decl. para. 6.)

Additionally, the requested hearing date, September 25, 2026, is a California state holiday and, in any event, the court hears law & motion in non-asbestos complex matters on Wednesdays at 1:30 p.m. Counsel are reminded that there are a limited number of reservations available for motions on any daily calendar, and the court may not be inclined to grant relief under similar circumstances in the future without a showing that counsel timely attempted to obtain a hearing date.

The Hearing on Motion for Summary Judgment filed by LEI Construction, business entity form unknown (Defendant) + CRS# 885653638192 scheduled for 09/29/2026 is reset to 09/30/2026 at 01:30 PM in Department 18 at Rene C. Davidson Courthouse.

Defendants' counsel must forthwith serve a copy of this order on all counsel of record and selfrepresented parties. The Court orders counsel to obtain a copy of this order from the eCourt portal.

CONTESTING THE TENTATIVE RULING: If the parties do not contest the tentative ruling, it will be adopted. Any party wishing to contest the tentative ruling must notify the court by email at Dept18@alameda.courts.ca.gov, and notify all opposing counsel or unrepresented parties by 4pm the day before the hearing.