Cole v. Super. Ct.
Annotate this CasePetitioners Geoff Cole and Admiral’s Experience, Inc. sought a writ of mandate to compel the trial court to calendar their timely motion for summary judgment for a hearing before the start of trial. The Court of Appeal notified the parties it was considering issuing a peremptory writ in the first instance (Palma v. U.S. Industrial Fasteners, Inc., 36 Cal.3d 171(1984)), and read and considered the informal response and request for judicial notice from real party in interest Matt Zeiner (Zeiner). Petitioners also field a reply brief, which Zeiner requested to strike. In 2018, a dispute arose between petitioners and Zeiner after a trailer petitioners rented from Zeiner was destroyed. In January 2019, Zeiner initiated the underlying lawsuit against petitioners seeking to recover for the loss of the trailer. The Court of Appeal granted the request for judicial notice, denied Zeiner’s request to strike the reply brief, and concluded that petitioners were entitled to peremptory writ relief. The Court published its decision to provide guidance on the deadline for filing a summary judgment motion that is served electronically.
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