Judge: Audra Mori, Case: 20STCV38972, Date: 2022-10-20 Tentative Ruling

Case Number: 20STCV38972    Hearing Date: October 20, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 13, 2020, Plaintiff Honey Milestone (“Plaintiff”) filed this action against Defendants Ikea US Retail LLC, et al. (“Defendant”) for injuries relating to a trip and fall in defendants’ store.  Trial is currently set for February 8, 2023.    

Defendant Ikea North America Services, LLC (“Defendant”) now moves for an order specially setting Defendant’s motion for summary judgment for hearing, or alternatively, to continue the current trial date to accommodate Defendant’s motion for summary judgment set for hearing on September 29, 2023.  Plaintiff opposes the motion, and Defendant filed a reply. 

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, Defendant asserts that it sought to reserve a summary judgment hearing date on September 21, 2022, but despite trial being approximately five months away, the first available hearing date was September 29, 2023.  Defendant contends that as a result, it will be unable to bring a motion for summary judgment due to the Court’s calendar.  Defendant argues that it has concluded that its evidence supports a motion for summary judgment and that it will be severely prejudiced if its motion is not heard prior to trial.  Defendant requests its motion for summary judgment be specially set for hearing, or in the alternative, that the trial date be continued. 

In opposition, Plaintiff contends that Defendant has not filed its motion for summary judgment and that nothing is prohibiting Defendant from filing its motion.  Plaintiff argues that Defendant does not show good cause for continuing the trial date and that Defendant delayed in filing any motion for summary judgment. 

Defendant, in reply, asserts that Plaintiff’s arguments are meritless and would frustrate judicial economy as Defendant can still timely file and serve its motion for summary judgment, so denying this motion now would only result in Defendant filing another motion to continue trial after it files its motion for summary judgment. 

As to the request to advance the hearing date, pursuant to the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, the Personal Injury courts do not have the capacity to add hearings to their fully booked motion calendars.  The proper relief to seek is to continue trial instead of seeking to advance or shorten the hearing time.  The request to advance the hearing date is denied. 

In weighing the relevant factors for continuing the trial date, Defendant establishes good cause for the continuance.  Defendant is making this motion more than three months before the trial date, and the Court’s records show there has been only one previous continuance in this matter.  Further, the length of the requested continuance is based on the hearing date Defendant was able to reserve for a motion for summary judgment given the Court’s impacted calendar, and there are no alternative means to address this issue.  Plaintiff does not identify any prejudice she will suffer if the trial date is continued.  Moreover, although Plaintiff contends the motion has not been filed, as Defendant asserts, the time for Defendant to file a motion for summary judgment based on the current trial date has not expired.  If the Court denied this motion now, Defendant could timely file its motion for summary judgment and again to seek to continue the trial, but it would not change the available hearing dates for such a motion.  The Court will not require multiple motions to continue trial to be filed.  However, given the age of this case and the length of the continuance being granted, the parties should expect no further continuances. 

Defendant’s motion to continue trial is granted.  The February 8, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The January 25, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are continued to reflect the new trial date. 

Moving Defendant is 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 20^th day of October 2022