CFP BDA, LLC v. Super. Ct.

INTRODUCTION

Petitioners filed a petition for writ of mandate and supersedeas, 1 seeking an order

directing the trial court to specially set their timely filed motion for summary judgment,

or, in the alternative, summary adjudication (MSJ) for a hearing before trial. This court

stayed proceedings and invited a response from respondent and real parties in interest

(RPI’s), notifying the parties that we were considering issuing a peremptory writ in the

first instance pursuant to Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171,

178. Having received and considered RPI’s response, along with the petition and exhibits

filed by petitioners, we determine it appropriate to issue a peremptory writ in the first

instance.

FACTUAL AND PROCEDURAL HISTORY

The case originates from a lawsuit filed against petitioners, who own and operate

Bermuda Dunes Airport, by RPI’s, owners of adjacent land who seek to impose an

easement across the airport property. Trial was originally set for May 2, 2025. On

November 14, 2024, petitioners reserved an April 1, 2025, hearing date for their MSJ

through the Riverside Court Reservation System. The motion was filed and served on

1 A…