Judge: Cherol J. Nellon, Case: 22STCV01640, Date: 2023-05-18 Tentative Ruling

Case Number: 22STCV01640    Hearing Date: May 18, 2023    Dept: 28

Defendants Thomas Alan Fields and Steven Loston’s Motion to Specially Set the Hearing Date on the Motion for Summary Judgment or to Continue the Trial Date. Having considered the moving and responding papers, the Court rules as follows. BACKGROUND On January 14, 2022, Plaintiff Trulena Reed (“Reed”) filed this action against Defendants Thomas Alan Fields (“Fields”) and Steven Loston (“Loston”) for motor vehicle negligence and general negligence. On February 23, 2022, Fields and Loston filed an answer. On March 23, 2022, Plaintiff Julio Cesar Gonzalez Hernandez (“Hernandez”) filed this action against Defendants Fields, Lofton, and Reed for motor vehicle negligence. On April 15, 2022, Fields and Lofton filed an answer. On June 3, 2022, Reed filed an answer. On June 16, 2022, the Court deemed this case and case no. 22STCV10109 related. On March 16, 2023, the Court consolidated these cases. On April 7, 2023, Fields and Lofton (“Moving Defendants”) filed a Motion to Specially Set the Hearing Date on the Motion for Summary Judgment or to Continue the Trial Date to be heard on May 18, 2023. Trial is currently set for July 14, 2023. PARTY’S REQUESTS Moving Defendants request the Court specially set the Motion for Summary Judgments to be heard pursuant to the trial date OR continue trial to September 2023. LEGAL STANDARD CRC rule 3.1332(b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” Under CRC 3.1332(c), The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served. CRC 3.1332(d). CCP § 437c requires a Motion for Summary Judgment be made any time after 60 days have elapsed since the general appearance in the action. The motion shall be heard no later than 30 days before trial, unless the Court, for good cause, orders otherwise. Parties must serve notice of the motion and all supporting papers at least 75 days before the time appointed for hearing. “A trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c. (Wells Fargo Bank v. Superior Court (1989) 206 Cal.App.3d 918 [254 Cal.Rptr. 68].) Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion. (Ibid.)” Sentry Insurance Co. v. Superior Court (1989) 207 Cal.App.3rd 526, 529. DISCUSSION Trial is scheduled for July 14, 2023; in order for the MSJs to be heard prior to the current trial date, the MSJs must be heard by June 14, 2023. In order for the MSJs to be heard by that date, they needed to be served by March 31, 2023. Moving Defendants both served their MSJs on March 27, 2023. If not for the Court’s own impacted calendar, these MSJs would have been heard properly prior to trial. Due to the Court’s calendar, the Court cannot vacate and advance the current MSJ dates. Instead, the Court grants a continuance. The Court assumes that Moving Defendants’ request for trial to be continue to September 2023 is a mistake, as this date is before one of the two MSJ dates. The Court continues the trial date to allow both motions to be heard at least 30 days prior to trial. CONCLUSION Defendants Thomas Alan Fields and Steven Loston’s Motion to Specially Set the Hearing Date on the Motion for Summary Judgment or to Continue the Trial Date is GRANTED. Trial is continued to February 21, 2024, at 1:30 p.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is February 7, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates are set to trail the new trial date. Moving party is ordered to give notice of this ruling. Moving Party is ordered to file the proof of service of this ruling with the Court within five days. The parties are directed to the header of this tentative ruling for further instructions.