Wells Fargo Bank v. Superior Court

Opinion

BENSON, J.

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…