Albermont Petroleum, Ltd. v. Cunningham

In Albermont Petroleum, Ltd. v. Cunningham (1960) 186 Cal.App.2d 84, on the day set for hearing on the plaintiff's summary judgment motion, the defendant sought to file affidavits and other documents in opposition to the motion. The trial court refused to allow them to be filed on the ground that they were untimely under an unpublished local rule of court. The court granted the plaintiff's motion and directed that judgment be entered for the plaintiff. (Albermont, supra, 186 Cal.App.2d at pp. 87-90.) Observing that Code of Civil Procedure section 473c, which governs summary judgment motion practice, imposed no time limit on the opposing party's right to file counteraffidavits (Albermont, supra, at pp. 90-91), the appellate court reversed, concluding that the unpublished rule was "irreconcilable" with the provisions of Code of Civil Procedure section 437c (186 Cal.App.2d at p. 91) and thus, "inconsistent and in conflict with the procedural requirements established by statutory provisions" (id. at p. 93).