ALEEM DUNCAN vs STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al.

24CV095977: ALEEM DUNCAN vs STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al. 08/20/2026 Hearing on Motion for Summary Judgment filed by State Farm Mutual Automobile Insurance Company (Defendant) + CRS# 032697884432 in Department 517

Tentative Ruling - 08/18/2026 Keith Fong

PARTIES TO APPEAR.

Plaintiff contends that the motion should be denied because Plaintiff has not yet obtained documents in Defendants’ possession to prove facts essential to oppose the motion. (Opp. Br. p. 9.)

Pursuant to Code of Civil Procedure section 437c, subdivision (h), “[i]f it appears from the affidavits submitted in the 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, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” “Given the high stakes involved in motions for summary judgment continuances under section 437c, subdivision (h) are ‘virtually mandated ‘ “ upon a good faith showing by affidavit that a continuance is needed to obtain facts essential to justify opposition to the motion.” ’ ” (Braganza v.

Albertson’s LLC (2021) 67 Cal.App.5th 144, 152, citing Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395, 398-399 and Johnson v. Alameda County Medical Center (2012) 205 Cal.App.4th 521, 532.)

A party seeking continuance or denial of a motion under section § 437c(h), must show that the facts to be obtained are essential to opposing the motion, that there is reason to believe such facts may exist, and that additional time is needed to obtain these facts. (Wachs v. Curry (1993) 13 Cal.App.4th 616, 623.) The supporting declaration must demonstrate: “(1) Facts establishing a likelihood that controverting evidence may exist and why the information sought is essential to opposing the motion; (2) The specific reasons why such evidence cannot be presented at the present time’; (3) An estimate of the time necessary to obtain such evidence; and (4) The specific steps or procedures the opposing party intends to utilize to obtain such evidence.” (Johnson v.

Alameda County Medical Center (2012) 205 Cal.App.4th 521, 532, internal quotation marks and citation omitted.) A continuance is not mandatory when no affidavit is submitted or when the submitted affidavit fails to make the necessary showing. (Ibid.)

Parties are ORDERED to appear to discuss whether a continuance pursuant to C.C.P. § 437c(h) should be granted pursuant to Plaintiff’s arguments (Opposition Brief at p. 9) and the Declaration of Therese Cannata, paragraphs 8-9, 14.

HOW DO I CONTEST A TENTATIVE RULING?

THROUGH ECOURT 24CV095977: ALEEM DUNCAN vs STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al. 08/20/2026 Hearing on Motion for Summary Judgment filed by State Farm Mutual Automobile Insurance Company (Defendant) + CRS# 032697884432 in Department 517 Notify the Court and all the other parties no later than 4:00 p.m. (but by Noon if possible) at least one (1) court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select "Search" 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select "Click to Contest this Ruling" 7. Enter your Name and Reason for Contesting 8. Select "Proceed"

BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4pm (but by Noon if possible) at least one (1) court day before the scheduled hearing.

BOTH ECOURT AND EMAIL notices are required.

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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

24CV095977: ALEEM DUNCAN vs STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al. 08/20/2026 Hearing on Motion for Summary Judgment filed by State Farm Mutual Automobile Insurance Company (Defendant) + CRS# 032697884432 in Department 517 161.199.136.10 (US East) Meeting ID: 161 8198 9812