Wells Fargo Bank v. Superior Court

We are asked to determine whether the trial court may refuse to hear a summary judgment motion filed within the time limits of Code of Civil Procedure section 437c. We determine it may not and find the local rule relied on by the trial court, as applied in this instance, is invalid since it conflicts with state law.

Petitioner Wells Fargo Bank, N.A., seeks a peremptory writ of mandate ordering the trial court to vacate its ruling ordering off calendar its motion for summary judgment/summary adjudication of issues. Petitioner asks us to order the trial court to hear and determine the motion prior to trial of the action. We stayed the trial and requested opposition.

A trial setting conference was held on May 23, 1988; jury trial was set for September 19, 1988. On July 22, 1988, petitioner filed and personally served its motion for summary judgment setting a hearing date of August 19, 1988. Subdivision (a) of section 437c provides in pertinent part: “Notice of the motion and supporting papers shall be served on all other parties to the action at least 28 days before the time appointed for hearing. . . . The motion shall be heard no later than 30 days before the date of…