Judge: Daniel M. Crowley, Case: 21STCV16392, Date: 2023-03-06 Tentative Ruling

Case Number: 21STCV16392    Hearing Date: March 6, 2023    Dept: 28

Defendant Vons Companies, Inc.’s Motion to Continue Trial

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

BACKGROUND

On April 30, 2021, Plaintiff Sharon Rowell (“Plaintiff” filed this action against Defendants Vons Companies, Inc. (“Vons”), Retail Opportunity Investments Corp. (“ROIC”) and Elina Covarrubias (“Covarrubias”) for general negligence and premises liability.

On June 23, 2021, ROIC filed an answer. On July 15, 2021, Vons filed an answer. On August 6, 2021, Covarrubias filed an answer.

On February 6, 2023, Vons filed a Motion to Continue Trial to be heard on March 6, 2023.

Trial is currently scheduled for July 11, 2023.

PARTY’S REQUESTS

Vons requests the Court continue trial to at least November 1, 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

Vons requests the Court continue trial so that their MSJ may be heard prior to trial. Trial is scheduled for July 11, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by June 11, 2023. For the MSJ to be heard by that date, it needed to be served by March 28, 2023. The MSJ was filed on February 2, 2023, before the required date of service. The Court finds good cause and grants the motion. 

CONCLUSION

Defendant Vons Companies, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to November 1, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 18, 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.