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McMAHON v. SUPERIOR COURT

No. B162625.

130 Cal.Rptr.2d 407 (2003)

106 Cal.App.4th 112

Ed McMAHON et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; American Equity Insurance Company et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Eight.

February 7, 2003.

Attorney(s) appearing for the Case

Browne & Woods, Allan Browne, Michael J. Olecki, N. Kemba Extavour, Beverly Hills, and Gregory L. Doll, Los Angeles, for Petitioners.

No appearance for Respondent.

Morrison & Foerster and David B. Babbe, Los Angeles, for Real Parties in Interest American Equity Insurance Company, The Travelers Indemnity Company, Travelers Property Casualty Insurance Company and Travelers Insurance Group Holdings, Inc.

COOPER, P.J.

Absent consent of the parties, does a trial court have authority to shorten the minimum notice period for the hearing of a summary judgment motion? We answer this question in the negative and therefore issue a writ of mandate directing the trial court to vacate an order authorizing parties who move for summary judgment in this action to notice the hearing only 21 days in advance.

FACTUAL AND PROCEDURAL HISTORY

Ed McMahon and Pamela MeMahon...

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