The Amended Motion for Summary Judgment, or in the Alternative for Summary Adjudication by Defendant, Catalina Classic Cruises, Inc., filed on 6/7/19, is DENIED. Defendant has not established it is entitled to judgment or adjudication of issues in its favor based on the undisputed material facts proffered. Cal Code Civil Procedure § 437c(p)(2).
The Motion is Not Procedurally Defective
Plaintiff’s arguments that the “Amended” Motion is procedurally defective are without merit. The court’s file reveals that Defendant filed a Motion for Summary Judgment/Adjudication on 1/11/19, set for hearing on 5/7/19. At that point, the trial date was 4/29/19. The 5/7/19 date was the only date available for a hearing on the Motion for Summary Judgment according to Defendant.
Accordingly, on 2/14/19, the court granted the Defendant’s motion to continue trial to 7/10/19, to accommodate Defendant’s then-scheduled Motion for Summary Judgment/Adjudication. As the court’s order granting Defendant’s motion
Hearing Date
August 23, 2019
Type
Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, vandalism, etc.) (General Jurisdiction)
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The Amended Motion for Summary Judgment, or in the Alternative for Summary Adjudication by Defendant, Catalina Classic Cruises, Inc., filed on 6/7/19, is DENIED. Defendant has not established it is entitled to judgment or adjudication of issues in its favor based on the undisputed material facts proffered. Cal Code Civil Procedure § 437c(p)(2).
The Motion is Not Procedurally Defective
Plaintiff’s arguments that the “Amended” Motion is procedurally defective are without merit. The court’s file reveals that Defendant filed a Motion for Summary Judgment/Adjudication on 1/11/19, set for hearing on 5/7/19. At that point, the trial date was 4/29/19. The 5/7/19 date was the only date available for a hearing on the Motion for Summary Judgment according to Defendant.
Accordingly, on 2/14/19, the court granted the Defendant’s motion to continue trial to 7/10/19, to accommodate Defendant’s then-scheduled Motion for Summary Judgment/Adjudication. As the court’s order granting Defendant’s motion