| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
MOTION FOR SUMMARY JUDGMENT
SF Superior Court - Asbestos Law & Motion - CGC23277177 - August 19, 2025 Hearing date: August 19, 2025 Case number: CGC23277177 Case title: GARY HOWDYSHELL VS. PACIFIC COAST BUILDING PRODUCTS, INC. ET AL Case Number: | | CGC23277177 | Case Title: | | GARY HOWDYSHELL VS. PACIFIC COAST BUILDING PRODUCTS, INC. ET AL | Court Date: | | 2025-08-19 09:00 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT | Rulings: | | On Asbestos Law and Motion Calendar for Tuesday, August 19, 2025, in Department 304, Line 2.
Defendant Mead Clark Lumber Company's ("Defendant" or "Mead Clark") Motion for Summary Judgment is OFF CALENDAR. Opposition filed. Reply filed. Defendant failed to give sufficient notice pursuant to California Code of Civil Procedure section 437c(a)(2).
Code of Civil Procedure section 437c(a)(2) provides that "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); see Cole v. Superior Court (2022) 87 Cal.App.5th 84, 87-88.)
The Court cannot shorten the notice period without the parties' prior consent. (Urshan v. Musicians' Credit Union (2004) 120 Cal.App.4th 758, 764; McMahon v. Super. Ct. (2003) 106 Cal.App.4th 112, 117-118.) Nor can the Court cure the defect by continuing the hearing by the missing number of days. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268.) The notice period is mandatory. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-68.)
*Complete tentative ruling has been electronically served to Counsel 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 August 19, 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.
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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). | |