Judge: Daniel M. Crowley, Case: 20STCV40861, Date: 2022-08-30 Tentative Ruling

Case Number: 20STCV40861    Hearing Date: August 30, 2022    Dept: 28

Defendant Shigeta America Inc.’s Motion to Continue Trial

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

BACKGROUND

On October 23, 2020, Plaintiff Rebecca Sundling (“Plaintiff”) filed this action against Defendant Shigeta America Inc. (“Defendant”) for general negligence and premises liability.

On December 23, 2020, Defendant filed an answer and a Cross-Complaint against Roes 1-20 for implied equitable indemnity, contribution, negligence and declaratory relief.

On July 14, 2022, Defendant filed a Motion to Continue Trial to be heard on August 31, 2022.

Trial is currently set for October 18, 2022.

PARTY’S REQUESTS

Defendant requests the Court continue trial at least 180 days to accommodate the hearing on the MSJ.

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).

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.  

DISCUSSION

Defendant requests the Court continue trial so that Defendant’s MSJ can be heard prior to trial. As trial is currently scheduled for October 18, 2022, Defendant would have had to reserve and file the MSJ by July 6, 2022, in order for it to be heard at least 30 days before the trial date. The Court records shows that Defendant filed and served the MSJ on June 30, 2022—as such, the Court finds there is good cause to continue trial. Defendant attempted to abide by statutory guidelines but failed to do so due to the Court’s calendar. The Court grants the motion.

CONCLUSION

Defendant Shigeta America Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to June 20, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 6, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All dates or deadlines are continued to trail the new trial. 

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.