First State Ins. Co. v. Superior Court

In First State Ins. Co. v. Superior Court (2000) 79 Cal.App.4th 324, the appellate court invalidated a trial court order precluding any party from filing a summary judgment motion without first complying with a complex litigation case management order that created a multi-step process for briefing and hearing dispositive motions. (Id. at pp. 327-328.) The court explained Code of Civil Procedure section 437c (all statutory references are to this code) provided litigants the right to file a summary judgment motion "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" ( 437c, subd. (a)), but the trial court had the inherent power to defer hearing the motion until the parties addressed other issues (First State Ins. Co., at pp. 333-334).