Judge Alison Mackenzie, Case Number: 20STCV45492, Date: 2024-01-31 Tentative Ruling

Judge: Alison Mackenzie, Case: 20STCV45492, Date: 2024-01-31 Tentative Ruling

Case Number: 20STCV45492 Hearing Date: January 31, 2024 Dept: 55

NATURE OF PROCEEDINGS: Defendant St. John’s Well Child &Family Center’s Motion To Continue Trial.

The motion is denied.

Background

In this case filed in 2020, Plaintiff HENRY ANYANWU (“Plaintiff”) seeks damages against ST. JOHN’S WELL CHILD & FAMILY MEDICAL CENTER (“Defendant”) related to an allegedly botched tooth extraction procedure that Plaintiff received. Following demurrers to prior complaints, Plaintiff filed a Third Amended Complaint against Defendant on 1/27/23.

Defendant has filed a motion requesting continuance of the trial set for 2/25/24. Plaintiff opposes the motion.

“Continuances are granted only on an affirmative showing of good cause requiring a continuance.” In re Marriage of Falcone and Fyke (2008) 164 Cal. App. 4th 814, 823. A trial court may not refuse to hear a summary judgment motion filed within the time limits of CCP § 437c. Sentry Ins. Co. v. Superior Ct. (1989) 207 Cal. App. 3d 526, 529.

Here, Defendant contends that the last day that a summary judgment motion may be heard based on the current trial date is February 25, 2024, but the earliest date Defendant could reserve a motion for summary judgment is April 8, 2024. Implicit in the rule requiring that trial courts accommodate motions for summary judgment is the assumption that the moving party acts with the requisite diligence in reserving and filing a summary judgment motion. Defendant does not explain when it reserved the April 8, 2024 hearing date. This information is important because the Court set the current March 25, 2024 trial date in January 2023 and so Defendant has known about the summary judgment deadline for a year. Defendant does not explain why it could not have reserved and filed a summary judgment motion earlier in this case. The pleadings have been set since June 2023. but Defendant has been litigating the case against Plaintiff since 2020. Defendant therefore has failed to establish that it has pursued a motion for summary judgment with diligence. The Court does not find good cause to continue the trial in these circumstances.