Sentry Insurance v. Superior Court

Opinion

CHANNELL, J.

Respondent court has refused to hear petitioner’s timely motion for summary judgment. We issue our writ directing respondent court to continue the trial date and to hear the motion.

Section 437c, subdivision (a) of the Code of Civil Procedure provides: “Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense thereto. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at…