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Motion to Advance and Specially set Hearing on MSJ or Continue Trial and Related Dates
(Van Nuys Courthouse West: Dept. 107) May 18, 2026 LASC - Tentative Rulings Main Content --> Online Services Tentative Rulings Text-to-Speech Play Reset DEPARTMENT 107 LAW AND MOTION RULINGS
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES NORTHWEST DISTRICT Katrina Johnson, et al., Plaintiffs, v. Stairway Recovery Group Inc., et al. Defendants. Case Number Department 24VECV00893 107 COURT?S [TENTATIVE] ORDER RE: Motion to Advance and Specially set Hearing on MSJ or Continue Trial and Related Dates [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: (1) Grant request to advance MSJ hearing date; (2) Deny request to continue trial and all related dates.
I. BACKGROUND
In January 2023, Michael Kelly (“Decedent”) was admitted to a sober living facility owned, operated, and maintained by Defendants Stairway Resource Center, Inc., Stairway Recovery Homes, Inc., Stairway Recovery Group, Inc., and Does 1 to 15. (Complaint p. 4.) Decedent sought treatment for substance addiction. (Complaint p. 4.) On March 17, 2023, while at the facility, Decedent overdosed on fentanyl and died. (Complaint p. 4.) Plaintiff Katrina Johnson is Decedent’s registered domestic partner. (Complaint p. 4.) Plaintiff Travis Kelly is Decedent and Johnson’s minor son. (Complaint p. 4.)
On February 27, 2024, Plaintiffs Katrina Johnson and Travis Kelly (“Plaintiffs”) filed a complaint against Defendants Stairway Resource Center Inc., Stairway Recovery Homes Inc., Stairway Recovery Group Inc., and Does 1 to 25, alleging causes of action for: (1) general negligence; (2) premises liability; and (3) medical negligence. (Complaint pp. 4-6.)
On April 13, 2026, Defendant Stairways Recovery Homes, Inc. (“Defendant”) filed a motion to advance and specially set hearing on MSJ or continue trial and related dates (the “Motion”). On May 11, 2026, Defendant filed a notice of non-opposition. As of May 12, 2026, no opposition has been filed.
II. LEGAL STANDARD
Per Code of Civil Procedure section 437c, subdivisions (a)(2): ¿ Notice of the motion [for summary judgment] and supporting papers shall be served on all other parties to the action at least¿ 81 ¿days before the time appointed for hearing. If the notice is served by mail, the required¿ 81-day ¿period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States.
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If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required¿ 81-day ¿period of notice shall be increased by two court days . . .? The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.” (Code Civ. Proc., § 437c, subd. (a)(3).) ¿ ¿?[C]alendaring issues are not a basis on which the trial court can refuse to hear a timely filed summary judgment motion, absent an indication that it was defective under section 437c.” (Cole v.
Superior Court (2022) 87 Cal.App.5th 84, 87.)
III. DISCUSSION
Defendant moves for an order advancing the hearing on its motion for summary judgment from September 30, 2026, to a date before the July 27, 2026, trial date. (Motion p. 1.) Alternatively, Defendant moves to continue trial for thirty days after the September 30, 2026, hearing date on Defendant’s motion for summary judgment, including an order continuing all discovery and other trial-related dates and deadlines. (Motion pp. 1-2.)
Defendant’s counsel submits a declaration stating Defendant filed and e-served its motion for summary judgment on April 1, 2026. (Ventura Declaration ¶ 4.) The first available hearing date for the motion for summary judgment was September 30, 2026, which Defendant’s counsel’s office reserved and set for hearing. (Ventura Declaration ¶ 5.) Defendant filed the motion for summary judgment on April 2, 2026, and served it by email or electronic service on April 1, 2026. (Motion for Summary Judgment pdf p. 16.)
Defendant timely noticed its motion for summary judgment more than 81 days, plus two court days for electronic service, and an additional 30 days before the current trial date. The court finds good cause exists to hear the motion for summary judgment less than 30 days before the current trial date.
IV. CONCLUSION
For the foregoing reasons, the court grants Defendant’s request to advance the hearing and sets the hearing on the motion for summary judgment for July 20, 2026. The court denies Defendant’s request to continue the trial date and all discovery and other trial-related dates and deadlines.
Dated: May 18, 2026 _______- ___________________________ Hon. Eric Harmon Judge of the Superior Court
Case Number: 25VECV04915 Hearing Date: May 18, 2026 Dept: 107 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES NORTHWEST DISTRICT Gideon Fridman, Plaintiff, v. Jeffrey Paul Albert Defendant. Case Number Department 25VECV04915 107 COURT?S [TENTATIVE] ORDER RE: Demurrer with Motion to Strike [TENTATIVE:] (1) Overrule the demurrer as to the