Kapitanski v. Von's Grocery Co.

Opinion

WIENER, J.

Plaintiff Edwin Kapitanski appeals the summary judgment in favor of defendant Von’s Grocery Company, Inc. The narrow question here is whether the trial court properly refused to consider Kapitanski’s statements in his declaration opposing Von’s motion because his declaration was filed the day before the hearing rather than two days before as required by the San Diego County Superior Court Rules. We explain the trial court’s inquiry as to whether it should consider Kapitanski’s untimely declaration was equivalent to the court’s consideration of a Code of Civil Procedure…