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BRANNON v. SUPERIOR COURT

No. D042907.

8 Cal.Rptr.3d 491 (2004)

114 Cal.App.4th 1203

Duane A. BRANNON et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent; Dario Edward Crippen, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

January 13, 2004.

Attorney(s) appearing for the Case

Clements & Knock and Rick H. Knock for Petitioners.

No appearance for Respondent.

Greco Traficante & Edwards, San Diego, and Philip M. McKenney for Real Party in Interest.

HALLER, J.

In this writ proceeding, we conclude the superior court erred in refusing to provide the parties an opportunity to appear and present argument at an oral hearing before the court ruled on the defendants' summary judgment motion. We disapprove of dicta in our prior decision suggesting a superior court may properly determine a summary judgment motion without permitting the opportunity for oral argument. (Sweat v. Hollister (1995)

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