Judge: Audra Mori, Case: 21STCV20084, Date: 2022-09-16 Tentative Ruling

Case Number: 21STCV20084    Hearing Date: September 16, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Willie Juanita Moss (“Plaintiff”) filed this action against Defendant Lucky Nails & Foot Spa (“Defendant”) for injuries Plaintiff sustained when Defendant allegedly caused an acrylic fingernail to fly into the face of Plaintiff, striking and lacerating her eye.  Trial is currently set for November 28, 2022. 

Defendant now moves to continue the current trial date to a date after May 19, 2023, which is when Defendant’s motion for summary judgment is set for hearing.  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 timely filed and served its motion for summary judgment on August 12, 2022, but the first available hearing date was May 19, 2023, the date on which Defendant has scheduled its motion for summary judgment hearing.  Defendant contends there will be no prejudice if the trial date is continued, but Defendant asserts it will be prejudiced if it is not allowed to have its dispositive motion heard before the current trial date.  Further, Defendant contends that the continuance will allow the parties to conduct further discovery and asserts there have been no prior continuances in this action. 

In opposition, Plaintiff contends that Defendant could have filed its motion for summary judgment months ago, but defense counsel failed to timely reserve a hearing date for the motion.  Additionally, Plaintiff argues that there has been ample opportunity to conduct discovery in this matter and a continuance is not required.  While a key witness, Plaintiff’s son has admittedly not been deposed, Plaintiff would produce the son for deposition.  Plaintiff avers she will be prejudiced if the trial is continued because Plaintiff, Plaintiff’s son, and Plaintiff’s counsel have made scheduling accommodations to try the case on the scheduled date. 

Defendant, in reply, asserts there is good cause for the continuance, and that there are no alternative means for Defendant’s motion for summary judgment to heard prior to trial other than granting a trial continuance. 

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, although Plaintiff argues that Defendant delayed in filing its summary judgment motion, Defendant has timely filed its motion for summary judgment, but Defendant’s 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, Defendant properly seeks to continue trial instead of seeking to specially set the hearing date.  Further, there are no alternative means available to address this issue, and there have been no prior trial continuances in this matter.   

Defendant’s motion to continue trial is granted.  The November 28, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The November 10, 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. 

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 16^th day of September 2022