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Defendants in Vergara v California told Superior Court Judge Rolf Treu this morning that they would file a motion later today, asking the court to dismiss the case. Treu suspended further testimony, saying he would dispense with the request before the defendants call a witness.

The request for “summary judgment” is routine after plaintiffs conclude their side of a case, which they did today by submitting several documents as part of the case record. Defendants typically argue that the plaintiffs did not build a strong enough case to continue.

In this matter, it’s the fifth time the state and its two biggest teacher unions, as defendants, have sought to end the case before conclusion of trial. Three times Treu ruled against them, and once a state appeal court did.

Lawyers for the defense told Treu they would file their papers this afternoon, after which lawyers for the plaintiffs would have time to respond.

The court was already scheduled to be in recess next week, so rather than asking the defense to proceed, Treu invited the lawyers to return on March 4.