Judge: Audra Mori, Case: BC688119, Date: 2022-10-21 Tentative Ruling

Case Number: BC688119    Hearing Date: October 21, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 22, 2017, Plaintiffs Roberto Juarez and Abigail Juarez (collectively, “Plaintiffs”) filed this action against defendants Blanca Azucena Jimenez Perez (“Perez”) and Environmental Services Concepts, LLC (“ESC”) for damages arising out of a motor vehicle accident that occurred on July 13, 2017.  Trial is currently set for December 6, 2022.

            On August 19, 2022, Plaintiffs filed a motion for summary adjudication as to vicarious liability against ESC setting the motion for hearing on October 2, 2023.  At this time, Plaintiffs move to specially set the hearing date for their motion for summary adjudication to allow it to be heard before the current trial date.  Alternatively, Plaintiffs request the trial date be continued.  On October 4, 2022, Plaintiffs filed a stipulation signed by all parties providing defendants would not oppose the motion and agreeing to a 90-day continuance of the trial to allow the motion for summary adjudication to be heard. 

            Pursuant to CCP § 437c, the last day for Plaintiffs to timely file and electronically serve their motion for summary adjudication was August 19, 2022, which was when Plaintiffs filed their motion.    As the motion was timely filed, the Court will endeavor to have it heard before trial.  Although the Court does not advance MSJ hearings when it is instead possible to continue the trial to occur after the scheduled MSJ, that is not the case here.  This case will have been pending for five years in December 2022.  While Emergency Rule 10(a) provides an additional six months in which to bring this matter to trial, the deadline is still before the scheduled MSJ date. 

            The parties have stipulated to continue the December 6, 2022, trial date for 90 days in order to allow the MSJ to be heard.  The Court will continue trial to March 1, 2022 at 8:30 a.m. and the Final Status Conference for February 16, 2022 at 10:00 a.m.  The parties should expect no further continuances given the age of this case.  As it appears that the parties are in agreement, the fact and expert discovery and discovery motion deadlines will follow the new trial date.  However, if they are not, they should request argument. 

The MSJ will be set for January 24, 2023 at 1:30 p.m.  The deadlines for responsive and reply filings are governed by Code of Civ. Proc. section 437c.  

Plaintiffs 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 21^st day of October 2022