Plaintiff Poser Investments, Inc.’s First Amended Notice of Motion and Motion for Summary Judgment is CONTINUED to February 9, 2017. CCP §§ 128 and 437c.

This motion for summary judgment was filed on February 23, 2016 and originally set for hearing on August 31, 2016. On June 9, 2016 the motion for summary judgment was continued to this hearing date. Subsequently, on July 14, 2016 plaintiff’s RFAs were deemed admitted. On October 14, 2016 plaintiff filed a First Amended Notice of Motion and Motion for Summary Judgment, based on the RFAs that were deemed admitted. The Court finds that while the Court has discretion to consider new evidence, defendant has not been given sufficient notice per CCP §437c(a) to oppose the amended summary judgment motion. Accordingly, this motion is continued.

Any opposition and/or reply shall be filed in accordance with notice requirements under the CCP. Finally, the Court notes that the trial date has been continued to May ........