Judge: Daniel M. Crowley, Case: 20STCV36426, Date: 2023-01-31 Tentative Ruling

Case Number: 20STCV36426    Hearing Date: January 31, 2023    Dept: 28

Defendant Summer Land Partners Group, Inc.’s Motion to Continue Trial

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

BACKGROUND

On September 24, 2020, Plaintiff Tomas Gutierrez (“Plaintiff”) filed this action against Defendants Reign Investments, LLC (“Reign”) and Ghafoori-Tabrizi Kamran (“Kamran”) for premises liability. Plaintiff later amended the complaint to include Defendants Summer Land Partners Group, Inc. (“SLPG”) and VA Building Company, Inc. (“VA”).

On November 30, 2020, Reign filed an answer and a Cross-Complaint against Cross-Defendants Roes 1 – 20 for indemnification, apportionment of fault and declaratory relief.

On December 22, 2021, SLPG filed an answer. On May 31, 2022, VA filed an answer.

On December 9, 2022, SLPG filed a Motion to Continue Trial to be heard on January 31, 2023.

Trial is currently scheduled for April 6, 2023.

PARTY’S REQUESTS

SLPG requests the Court continue trial to at least July 2, 2023, in order for their MSJ to be heard prior to trial.

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

SLPG requests the Court continue trial so that their MSJ may be heard prior to trial. Trial is scheduled for April 6, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by March 7, 2023. In order for the MSJ to be heard by that date, it needed to be served by December 22, 2022. The MSJ was filed on November 17, 2022, before the required date of service. The Court finds good cause and grants the motion. 

The Court notes that there was a MSJ filed by VA on December 20, 2022. This was also before the applicable service deadline but is set to be heard after the trial date, on August 11, 2023. The Court continues trial so that both MSJs can be heard prior to trial.

CONCLUSION

Defendant Summer Land Partners Group, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to September 19, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 5, 2023, 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.