CFP BDA v. Superior Court CA4/2 (2025) · DecisionDepot
CFP BDA v. Superior Court CA4/2
California Court of Appeal May 2, 2025 No. E085583Unpublished
Filed 5/2/25 CFP BDA v. Superior Court CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
CFP BDA, LLC et al.,
Petitioners, E085583
v. (Super.Ct.No. CVPS2201699)
THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,
Respondent;
PETER BEDFORD et al.,
Real Parties in Interest.
ORIGINAL PROCEEDINGS; petition for writ of mandamus. Kira L. Klatchko,
Judge. Petition granted.
Elkins Kalt Weintraub Reuben Gartside, Leanne Oates Vanecek; Anderson,
McPharlin & Conners, Vanessa H. Widener and Ali Z. Vaqar, for Petitioners.
No appearance for Respondent.
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Slovak Baron Empey Murphy & Pinkney and Shaun M. Murphy for Real Parties
in Interest.
INTRODUCTION
Petitioners filed a petition for writ of mandate and supersedeas,1 seeking an order
directing the trial court to specially set their timely filed motion for summary judgment,
or, in the alternative, summary adjudication (MSJ) for a hearing before trial. This court
stayed proceedings and invited a response from respondent and real parties in interest
(RPI’s), notifying the parties that we were considering issuing a peremptory writ in the
first instance pursuant to Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171,
178. Having received and considered RPI’s response, along with the petition and exhibits
filed by petitioners, we determine it appropriate to issue a peremptory writ in the first
instance.
FACTUAL AND PROCEDURAL HISTORY
The case originates from a lawsuit filed against petitioners, who own and operate
Bermuda Dunes Airport, by RPI’s, owners of adjacent land who seek to impose an
easement across the airport property. Trial was originally set for May 2, 2025. On
November 14, 2024, petitioners reserved an April 1, 2025, hearing date for their MSJ
through the Riverside Court Reservation System. The motion was filed and served on
1 A writ of supersedeas is only available to stay underlying proceedings after an appeal has been filed in the Court of Appeal, and there is no appeal pending in this case. (See, e.g., In re Christy L. (1986) 187 Cal.App.3d 753, 758-759.) Nonetheless, we construe petitioners’ use of the term “supersedeas” as a request for immediate stay pending our resolution of the petition for writ of mandate rather than a separate petition for writ of supersedeas.
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RPI’s via email on January 10, 2025, 81 days before the hearing date and more than
30 days before trial, pursuant to statute. (See Code Civ. Proc., § 437c, subd. (a)(2).)
Riverside County Local Rules require all represented civil parties to use the
reservation system to schedule all motions. Effective July 1, 2024, the rules state:
“All moving documents shall be filed no later than ten (10) court days after
the reserving party reserves the law and motion hearing date. Law and
motion reservations will be cancelled without further notice to the reserving party
if the moving documents are not filed within ten (10) court days after the
reservation is made.” (Riv. County Local Rule 3310, bold added (Local Rule).)
Petitioners received notice on January 13, 2025, that their April 1 hearing date had
been cancelled and their MSJ filing had been rejected because the moving papers were
not filed within 10 court days of the hearing date being reserved. Petitioners reserved the
next available MSJ hearing date, which was April 10, 2025, less than 30 days before trial,
then applied ex parte to specially set the hearing date for April 1 or, alternatively, to
specially set the hearing date less than 30 days from the trial date, on April 10. The court
summarily denied the request without a hearing.
On January 22, 2025, petitioners moved to specially set the MSJ hearing for
April 1 or any other day before trial on shortened notice, and also moved for relief from
default in failing to timely file the motion pursuant to Code of Civil Procedure
section 473. At the same time, petitioners reserved an April 29 hearing date and timely
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filed and served the MSJ for that date. RPI’s opposed the motions, both of which were
heard and denied on February 7, 2025.
STANDARD OF REVIEW
The rulings at issue are based on the court’s management of its docket and are
reviewed under an abuse of discretion standard. (See White v. Davis (2023) 87
Cal.App.5th 270, 293.) “ ‘An abuse of discretion occurs if, in light of the applicable law
and considering all of the relevant circumstances, the court’s decision exceeds the bounds
of reason and results in a miscarriage of justice. [Citations.] This standard of review
affords considerable deference to the trial court provided that the court acted in
accordance with the governing rules of law. We presume that the court properly applied
the law and acted within its discretion unless the appellant affirmatively shows otherwise.
[Citations.]’ ” (Safeco Ins. Co. of America v. Superior Court (2009) 173 Cal. App.4th
814, 832-833 (Safeco).)
DISCUSSION
Petitioners contend the trial court erred by refusing to set their MSJ for hearing as
required by Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88-89 (Cole) and other
case law. We agree.
There is no question that petitioners failed to comply with local court rules
requiring that they file their MSJ within 10 days of reserving a hearing date. In addition,
petitioners chose to set the hearing at the latest possible date, 31 days before trial, and
they filed the motion on the last statutory date for doing so.
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However, the MSJ was filed within the statutory timeframe.2 “[A] trial court
cannot refuse to consider a motion for summary judgment that is timely filed.” (Cole,
supra, 87 Cal.App.5th at p. 88.) “ ‘Local rules and practices may not be applied so as to
prevent the filing and hearing of such a motion.’ ” (Ibid.) Calendaring issues are not a
basis for refusing to hear a timely filed MSJ. (Ibid.; see Sentry Ins. Co. v. Superior
Court (1989) 207 Cal.App.3d 526 (Sentry) [where MSJ was not set for hearing because
there were no available dates before trial, court was ordered to set a hearing and
continue the trial].)
RPI’s contend Local Rule 3310 does not conflict with Code of Civil Procedure
section 437c, and did not prevent petitioners from timely filing their MSJ. However, the
application of Local Rule 3310 in this case caused petitioners’ timely filed MSJ to be
rejected and the statutorily compliant hearing date to be taken off calendar.
RPI’s argue Cole and Sentry are distinguishable because in those cases the court’s
ruling was based on an impacted court calendar, whereas in this case petitioners were
denied relief based on their failure to comply with Local Rule 3310. However, given
that Local Rule 3310 was developed to manage an impacted court calendar, and it has
the practical effect of requiring litigants to prepare and file summary judgment motions
2 RPI’s dispute that the MSJ was not timely served, because it was served electronically on January 10, 2025, the last date for personal service, and petitioners did not expressly ask RPI’s to waive the additional two-day notice required for electronic service. (Code Civ. Proc., 437c, subd. (a)(2).) However, petitioners’ email to RPI’s indicated they intended to deliver the motion by courier on January 10, 2025, unless RPI’s agreed to accept electronic service in lieu of personal service. Had RPI’s not agreed to accept the MSJ via email, it would have been delivered personally on the due date. Thus, we do not consider service to be untimely.
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weeks or months earlier than statutorily required in order to reserve a timely hearing
date, we see no basis for distinguishing this case from Cole or Sentry. Here, petitioners
were not dilatory; they reserved a hearing date over six months ahead of time, which
ensured such a date would be available, and they then complied with the statutes by filing
their motion 81 days ahead of the hearing. If the trial court vacates the hearing date in
this circumstance, it must permit another hearing date that complies with the statute. As
such, the court’s denial of petitioners’ motion to specially set the MSJ for hearing was
not “in accordance with the governing rules of law.” (Safeco, supra, 173 Cal.App.4th at
p. 832.) In this regard, the court abused its discretion by refusing to provide petitioners
relief either in the form of a short extension of the trial date or a shortening of the time
for hearing.
We are sympathetic to the difficulty trial courts face when trying to manage what
is often an unwieldy calendar, and our decision should not be construed as a challenge to
the validity of Local Rule 3310. Nonetheless, where the rule is applied in such a way
that it prevents a timely filed MSJ from being heard, case law requires that the trial court
make accommodations so the matter may be considered on its merits.
Because we find petitioners are entitled to relief through their motion to
specially set the MSJ, we need not address the merits of petitioners’ motion for relief
from default pursuant to Code of Civil Procedure section 473.
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DISPOSITION
Let a peremptory writ of mandate issue directing the respondent court to
(1) vacate its order denying petitioners’ motion to specially set the motion for summary
judgment, or, in the alternative, summary adjudication and (2) enter a new order granting
the motion and setting a hearing for the motion for summary judgment on its merits.
This decision shall be final in this court as of the date of filing. (Cal. Rules of Court,
rule 8.490(b)(2)(A).) The stay issued on March 18, 2025, is lifted. The parties shall bear
their own costs. (Cal. Rules of Court, rule 8.493(a)(1)(B).)
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER Acting P. J. We concur:
CODRINGTON J.
RAPHAEL J.
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AI Brief
AI-generated · verify before citing
Holding. The trial court abused its discretion by applying a local rule to deny a hearing on a timely filed motion for summary judgment; the court must accommodate such motions even if it requires continuing the trial date or shortening time.
Issues
Whether a trial court may refuse to hear a timely filed motion for summary judgment due to non-compliance with a local rule regarding reservation deadlines.
Whether a trial court must provide relief to allow a summary judgment motion to be heard on its merits when local rules effectively prevent such a hearing.
Disposition. granted
Quotations verified verbatim against the opinion
“Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion.”
“where the rule is applied in such a way that it prevents a timely filed MSJ from being heard, case law requires that the trial court make accommodations so the matter may be considered on its merits.”