Judge: Audra Mori, Case: 19STCV39154, Date: 2022-08-24 Tentative Ruling

Case Number: 19STCV39154    Hearing Date: August 24, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Jackson Scott Young (“Plaintiff”) filed this action against defendants Dapper Dan's Car Wash, et al. for damages arising from a single-vehicle accident.  Plaintiff alleges that defendants operate a car wash where exiting vehicles spill soap-like and wax-like liquids onto the public road, and that the accumulation of these substances on the road crated a hazardous condition that caused Plaintiff’s vehicle to lose traction and spin out of control.  Trial is currently set for October 5, 2022.

Defendants General Wash, LLC, Individually and dba Dapper Dan’s Car Wash and General Wash Land I, LLC (collectively, Defendants”) now move to continue the current trial date to August 10, 2023, so that Defendants timely filed motion for summary judgment can be heard prior to trial.  No opposition to the motion has been received.    

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  (CRC Rule 3.1332(c).)  The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted:  (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial.  (See generally, CRC Rule 3.1332(d)(1)-(11).)  Additional factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application.  (CRC Rule 3.1332(c), (d).)

Here, Defendants attest they filed their motion for summary judgment on June 13, 2022, but the first available hearing date for the motion was April 4, 2023, after the current trial date.  Defendants contend there is no alternative means to address this issue, and that Defendants will be prejudiced if their motion is not heard prior to trial. 

The court is guided by the case of Wells Fargo Bank v. Superior Court.  The Court therein held that a trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.  (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918. 919.)  Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion. (Id.; Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529.)  “We are sympathetic to the problems the trial courts experience in calendaring and hearing the many motions for summary judgment.  However, the solution to these problems cannot rest in a refusal to hear timely motions.”  (Id., at p. 530.)

In this case, Defendants have timely filed their motion for summary judgment, but Defendants’ inability to have the motion heard is due to the court’s calendar.  Therefore, there is good cause to continue the trial date.  Moreover, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, Defendants properly seek to continue the trial date instead of seeking to advance or shorten the time for the motion for summary judgment. 

Defendants’ motion to continue trial is unopposed and granted.  The October 5, 2022, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The September 21, 2022, Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cut-off dates are continued to reflect the new trial date. 

Moving Defendants are ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 24^th day of August 2022