Judge: Daniel M. Crowley, Case: 21STCV42530, Date: 2023-03-09 Tentative Ruling

Case Number: 21STCV42530    Hearing Date: March 9, 2023    Dept: 28

Defendants Michelle Nicole Torres and Westmed Ambulance, Inc.’s Motion to Continue Trial

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

BACKGROUND

On November 16, 2021, Plaintiff Ivan Santiago Loo Rivero (“Plaintiff”) filed this action against Defendants Michelle Nicole Torres (“Torres”), Westmed Ambulance, Inc. (“Westmed”) and Global Medical Response, Inc. (“GMR”) for motor vehicle negligence, general negligence and negligent infliction of emotional distress.

On January 18, 2022, Westmed filed an answer. On March 4, 2022, Torres filed an answer.

On February 7, 2023, Westmed and Torres (“Moving Defendants”) filed a Motion to Continue Trial to be heard on March 9, 2023. On February 23, 2023, Plaintiff filed an opposition. On March 1, 2023, Moving Defendants filed a reply.

Trial is currently scheduled for May 16, 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 May 16, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by April 16, 2023. For the MSJ to be heard by that date, it needed to be served by January 31, 2023. Moving Defendants did not file the MSJ prior to this date; in fact, Moving Defendants have yet to file a motion for summary judgment. 

Defendants’ right to bring a motion for summary judgment is predicated upon Defendants’ filing the motion.  “Numerous Courts of Appeal have held that a trial court cannot refuse to consider a motion for summary judgment that is timely filed.”  (Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88 (emphasis added).)  A trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c. (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529, citing Wells Fargo Bank v. Superior Court (1989) 206 Cal.App.3d 918 (emphasis added).)  Otherwise, a party could make a reservation for a hearing for a motion for summary judgment the week before trial and then claim a right to obtain a trial continuance. 

Moving Defendants failed to file a timely MSJ and have still yet to file or serve any MSJ papers. A reservation for a motion is not the same as serving papers. The Court does not find good cause and denies the motion.

CONCLUSION

Defendants Michelle Nicole Torres and Westmed Ambulance, 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.