Judge: Cherol J. Nellon, Case: 22STCV03821, Date: 2023-05-08 Tentative Ruling

Case Number: 22STCV03821    Hearing Date: May 8, 2023    Dept: 28

Defendant Super Center Concepts, Inc.’s Motion to Continue Trial

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On January 31, 2022, Plaintiff Iris Alcala (“Plaintiff”) filed this action against Defendants Super Center Concepts, Inc. (“SCC”) and Superior Grocers, Inc. (“SG”) for general negligence and premises liability.

On September 2, 2022, SCC filed an answer.

On April 14, 2023, SCC filed a Motion to Continue Trial to be heard on May 8, 2023.

Trial is currently scheduled for July 31, 2023.

PARTY’S REQUESTS

SCC requests the Court continue trial to January 31, 2024.

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,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. 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).

DISCUSSION

SCC requests the Court continue trial so that SCC’s MSJ may be heard prior to trial. Trial is scheduled for July 31, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by July 1, 2023. In order for the MSJ to be heard by that date, it needed to be served by April 17, 2023. SCC has not filed any moving papers for SCC’s MSJ, despite the fact the MSJ deadline has passed. The mere reservation of a MSJ is insufficient to show that SCC’s MSJ would have been heard if not for the Court’s calendar. The Court does not find good cause and denies the motion.

CONCLUSION

Defendant Super Center Concepts, Inc.’s Motion to Continue Trial is DENIED.

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.