Case Number: BC585918 Hearing Date: February 27, 2018 Dept: 46

Case Number: BC585918
MEDICAL ACQUISITION COMPANY INC VS SOUTHWEST LAW CENTER ETAL

Filing Date: 06/23/2015
Case Type: Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
Status: Pending

Transferred from Another Court: 37-2014-00042859 on

02/27/2018
Conference-Case Management
Motion for Summary Judgment

Hearing Re: Review of Referee’s Report

TENTATIVE RULING

Case Management Conference is continued to 3/27/2018 at 8:30 a.m. in Dept. 46. Motions for Summary Judgment are CONTINUED to 6/27/2018 at 8:30 a.m. The court has received, reviewed, and signed the Report and Recommendation of Referee Regarding Various Discovery Motions; as such the recommendations have become the order of the court.

Anthony R. Lopez, Jr. and Gelly Yukon Valeros’ Motions for Summary Judgment are CONTINUED to 6/27/2018 at 8:30 a.m. in Dept. 46. Moving parties are to give notice and file proof of service thereof to give adequate statutory notice under CCP §437c.

On 9/5/17, Judge Bowick vacated the instant motion “to be re-set for hearing in the newly-assigned department.” (Minute Order of 9/5/17). After the string of peremptory challenges, this court received the motion and re-scheduled it for the current date. However, there are three issues which prevent the hearing of the motion at this time. First, when the court re-scheduled the hearing, it ordered the moving parties to give notice and file proof of service of such, but no such proof of service has been filed. Second, the motion is reserved on behalf of Defendant Southwest Law Center, but Defendants Lopez and Valero are the actual moving parties. Third, the parties have only recently agreed to make use of a discovery referee, and there has been no report made as to whether the issues have been resolved in such a way that an MSJ could be properly heard (See CCP § 437c(h)) or the matter can be set for trial.

IT IS SO ORDERED:

Frederick C. Shaller, Judge