Judge: Daniel M. Crowley, Case: 21STCV08636, Date: 2023-03-08 Tentative Ruling

Case Number: 21STCV08636    Hearing Date: March 8, 2023    Dept: 28

Defendants Garfield Beach CVS LLC and Reseda Shopping Center II LLC’s Motion to Continue Trial

Having considered the moving, opposing and reply papers, the Court rules as follows. 

BACKGROUND

On March 4, 2021, Plaintiff Lyusia Gevorkian (“Plaintiff”) filed this action against Defendants Garfield Beach CVS LLC (“CVS”) and Reseda Shopping Center II LLC (“Reseda”) for general negligence and premises liability. Plaintiff later amended the complaint to include Defendants Eliseo Ruvalcaba (“Ruvalcaba”).

On March 30, 2021, CVS filed an answer. On April 12, 2021, Reseda filed an answer.

On February 14, 2023, CVS and Reseda (“Moving Defendants”) filed a Motion to Continue Trial to be heard on March 8, 2023. On February 23, 2023, Plaintiff filed an opposition. On February 28, 2023, Moving Defendants filed a reply.

Trial is currently scheduled for April 18, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court continue trial to allow the MSJ to be heard at least 30 days prior to trial.

Plaintiff requests the Court deny the motion.

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

Moving Defendants request the Court continue trial so that their MSJ may be heard prior to trial. Trial is scheduled for April 18, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by March 19, 2023. For the MSJ to be heard by that date, it had to have been served by January 3, 2023. The MSJ was filed on October 24, 2022, before the required date of service.

Plaintiff requests the Court deny the motion, citing undue prejudice and stating that Moving Defendants failed to file a timely MSJ. The Court disagrees. Moving Defendants timely filed and reserved the MSJ; the Court’s calendar is unfortunately severely impacted, meaning that the only available date was far after the last date for the MSJ. Given that Moving Defendants filed a timely MSJ, the Court finds good cause and grants the motion. 

CONCLUSION

Defendants Garfield Beach CVS LLC and Reseda Shopping Center II LLC’s Motion to Continue Trial is GRANTED. Trial is continued to May 19, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is May 8, 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.

The parties are directed to the header of this tentative ruling for further instructions.