Case Number: BC686113 Hearing Date: February 08, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DENNIS L. PRICE,

Plaintiff(s),

vs.

ACCURATE INDUSTRIAL CONSTRUCTION, INC., ET AL.,

Defendant(s).

CASE NO: BC686113

[TENTATIVE] ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT; SETTING OSC RE: SANCTIONS

Dept. 3

1:30 p.m.

February 8, 2019

Plaintiff, Dennis L. Price filed this action against Defendants, Accurate Industrial Construction, Inc. (“AIC”), Peopleready, Bloomfield Bakers, LLC, and Conagrad Foods Export Co. for damages arising out of an on-the-job injury.

On 7/06/18, AIC filed and served a motion for summary judgment, setting it for hearing on 2/08/19. Per CCP §437c(b)(2), any opposition to the motion was due at least fourteen calendar days prior to the hearing, on or before 1/25/19.

On 2/01/19, Plaintiff filed opposition to the motion. On 2/04/19, Defendant filed an “Objection” to Plaintiff’s late-filed opposition. The objection indicates Defendant received a late-filed opposition to the summary judgment motion on Friday, 2/01/19 at 4:20 p.m. Defendant asks the Court not to consider the opposition, as it is grossly untimely.

The Court finds refusing to consider the opposition would be unduly harsh, as summary judgment is an extreme measure. The Court therefore continues the hearing on the motion from 2/08/19 to Friday, 3/08/19 at 1:30 p.m. in Department 3 of the Spring Street Courthouse. The Court makes the following additional orders:

Defendant is ordered to provide a courtesy copy of its moving papers, with exhibits tabbed per CRC 3.1110(f), to the department on or before 2/22/19;

Plaintiff is ordered to provide a courtesy copy of his opposition, with e-mail confirmation from the Court, and with exhibits tabbed per CRC 3.1110(f), to the department on or before 2/22/19;

Defendant is ordered to file any substantive reply to the opposition on or before 3/01/19. Defendant is ordered to provide a courtesy copy of the reply, with e-mail confirmation from the Court, directly to the department.

The Court also sets an OSC re: sanctions against Plaintiff’s attorney for failure to timely file the opposition. The OSC will also be heard on 3/08/19 at 1:30 p.m. in Department 3. The Court will consider opposing sanctions against Plaintiff’s counsel and in favor of Defendant to represent the time spent filing the notice of non-opposition and preparing for the 2/08/19 hearing. Any papers in support of or in opposition to the OSC must be filed on or before Friday, 2/22/19, with a courtesy copy (with e-mail confirmation) delivered directly to Department 3.

Defendant is ordered to give notice.