MOTION FOR SUMMARY JUDGMENT
SF Superior Court - Asbestos Law & Motion - CGC23277158 - December 2, 2025 Hearing date: December 2, 2025 Case number: CGC23277158 Case title: DAVID BOHANNAN ET AL VS. BAYER CROPSCIENCE INC. ET AL Case Number: | | CGC23277158 | Case Title: | | DAVID BOHANNAN ET AL VS. BAYER CROPSCIENCE INC. ET AL | Court Date: | | 2025-12-02 09:00 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT | Rulings: | | On Asbestos Law and Motion Calendar for Tuesday December 2, 2025, in Department 304, Line 1 Defendant U.S Borax Inc's ("Defendant") Motion for Summary Judgment is OFF CALENDAR.
Opposition filed. Reply filed. Sur-Reply filed. Defendant failed to give sufficient notice pursuant to California Code of Civil Procedure section 437c(a)(2). "Notice of the motion 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 electronically, the required 81-day period of notice must be increased by two court days. (Code Civ. Proc., 437c(a)(2) and 1010.6(a)(4)(B).)
Here, the last day for Defendant to file its motion for hearing on December 2, 2025, was September 12, 2025. Defendant filed this motion on September 12, 2025. However, because Defendant chose to serve the motion electronically, it was required to serve the motion two court days earlier, by September 10, 2025. Defendant therefore failed to give statutory notice of its motion.
In its reply, Defendant requests that the Court permit the parties to stipulate that each side had sufficient notice, or to reset the hearing date and proceed on the merits. (Reply at p. 3; see also Smith Decl. 4). Plaintiff offers no such stipulation, and the Court declines the request to reset the hearing date. Courts have no authority to shorten the minimum notice period for a summary judgment motion. (See Urshan v. Musicians' Credit Union (2004) 120 Cal.App.4th 758, 764 ["[A] trial court has discretion to shorten the initial 60-day period to bring a motion for summary judgment on a showing of good cause.
Similarly, a trial court has discretion to shorten the 30-day period in which a motion for summary judgment must be heard before trial where circumstances warrant. However, the Legislature did not similarly authorize a trial court to shorten the minimum notice period for hearings on summary judgment motions. Moreover, the statutory language regarding minimum notice is mandatory, not directive."]; accord, Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268
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Accordingly, Defendant's motion was untimely and is off calendar.
Any party wishing to contest the tentative ruling must email contestasbestostr@sftc.org by 4:00 p.m. on the day before the hearing and state their intention to contest. If a hearing is requested, it will be on December 2, 2025, at 9:00 a.m. Attorneys may appear in person or remotely via zoom: Meeting ID 160 757 8308; Passcode: 485029. Face coverings are optional.
The Court no longer provides a court reporter in the Law and Motion department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: Their name, CSR and telephone number, and their individual work email address. There will be only one official record. If the parties cannot agree, the Court will designate a qualified court reporter to provide the official transcript for the matter, and the party or parties will bear the cost. = (EPS/304). | |