Is a plaintiff's timely motion under section 425.13 a timely motion?

The harsh and unjust result urged by defendants is not supported by the one case upon which they rely. In Brown v. Superior Court (1990) 224 [16 Cal.App.4th 535] Cal.App.3d 989, 274 Cal.Rptr. 442, the court held that a plaintiff's section 425.13 motion was not timely where it was filed less than six months before the first assigned trial date. Plaintiff argued that the nine-month rule should not be applied to "fast track" cases ¹⁷ where trial dates are routinely assigned

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