Brannon

In this writ proceeding, we conclude the superior court erred in refusing to provide the parties an opportunity to appear and present argument at an oral hearing before the court ruled on the defendants’ summary judgment motion. We disapprove of dicta in our prior decision suggesting a superior court may properly determine a summary judgment motion without permitting the opportunity for oral argument. (Sweat v. Hollister (1995) 37 Cal.App.4th 603 [ 43 Cal.Rptr.2d 399 ] (Sweat), disapproved on other grounds in Santisas v. Goodin (1998) 17 Cal.4th 599, 609, fn. 5 [ 71 Cal.Rptr.2d 830 , 951 P.2d 399 ].)

FACTUAL BACKGROUND

Dario Crippen sued two brothers, Duane and Wayne Brannon, and entities owned by them (collectively the Brannons), seeking to recover for personal injuries caused by a well-drilling rig. Crippen alleged the Brannons were liable on various grounds including that they violated applicable safety statutes and made misrepresentations regarding the quality of the rig equipment. Crippen also alleged that the Brannons were responsible for his injuries because they were his employers and/or they owned the drilling rig.

The Brannons moved for summary judgment…