Ex Parte Application for Order Setting Date for Hearing of Motion for Summary Judgment or in The Alternative Summary Adjudication
24CV071562: KINMAN vs EATON CORPORATION, et al. 05/28/2026 Hearing on Ex Parte Application for Order Setting Date for Hearing of Motion for Summary Judgment or in The Alternative Summary Adjudication in Department 18
Tentative Ruling - 05/27/2026 Patrick McKinney
Defendant Enerpac Tool Group Corp.'s Ex Parte Application for Order Setting Date for Hearing on its Motion for Summary Judgment/Summary Adjudication ("MSJ/MSA") is GRANTED. As initial matters, Defendant's counsel apparently did not obtain a reservation from the clerk for this ex parte hearing; noticing an ex parte hearing without a reservation does not guarantee that the application will be heard on the requested date. The court further notes that the last date for hearing a MSJ/MSA is a deadline and counsel are responsible for ensuring that the date is available and, if not, that motions are filed in advance of the last day for hearing. In this instance, Department 18 will not be in session on August 20, 2026.
Nevertheless, the court grants Defendant's application and the motion will be heard as noticed on Tuesday, August 25, 2026 at 1:30 p.m. (Cal. Code Civ. Proc. section 437c(a)(3).)
Defendant Enerpac's Counsel must forthwith serve a copy of this order on all counsel of record and self-represented 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 12:00 pm the day of the hearing.
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