Orange County has a simple solution to avoid summary judgment delays

I write to respond to the May 12, 2025, article entitled, "How summary judgment hearing dates are causing preventable trial continuances." As a possible solution, the article's authors pose the question, "Why can't defendants merely reserve an earlier hearing date [for their summary judgment motions]?" 

At least in Orange County, they can! 

It long has been the Orange County Superior Court's policy and practice that summary judgment and/or summary adjudication motions are exempt from the requirement that a motion must be filed within 24 hours after completing the online reservation.

Indeed, directly under the warning all moving papers must be e-filed within 24 hours after completing the online reservation, the Orange County Superior Court website advises, "Note: Motions for sanctions and motions for summary judgment and/or summary adjudication are exempt from the 24-hour filing requirement." (The sanctions motions that are exempt are those requiring a safe harbor period before filing the motion.) 

This established policy has been the Orange County Superior Court's effort to minimize trial delays and recognize the well-established caselaw holding trial courts cannot refuse to hear a timely filed summary judgment motion because the court's congested calendar prevents a hearing within the statutory period. (See, e.g., Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88-89; Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529.)