Department 30, Spring Street Courthouse

August 17, 2022 

21STCV14822

Motion to Shorten Time to Hear Defendants’ Motion for Summary Judgment or Alternatively to Continue Trial Date filed by Defendants/Cross-Complainants John Stewart Company and A Community of Friends

This action arises from an incident that occurred on May 21, 2019 where Plaintiff was attacked while on Defendants’ property.

On April 20, 2021, Plaintiff Raymond Carpenter filed a complaint against Defendants John Stewart Company, EAH Housing, and Does 1 to 100 for premises liability and general negligence.

On May 20, 2021, Plaintiff filed an amendment to complaint, substituting in A Community of Friends for Doe number 1.

On September 13, 2021, Defendants/Cross-Complainants John Stewart Company and A Community of Friends filed a cross-complaint against Roes 1 through 100 for (1) indemnity, (2) contribution, and (3) apportionment of fault.

On June 28, 2022, after finding Defendants failed to make an affirmative factual showing of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte, the Court denied Defendants’ ex parte application to continue trial.  The Court indicated Defendants’ request was to be addressed by a properly noticed motion.

On July 13, 2022, Plaintiff filed an amendment to complaint, substituting in CR Security Inc. for Doe number 2.

On July 18, 2022, Defendants/Cross-Complainants John Stewart Company and A Community of Friends (collectively “Moving Defendants”) filed a motion to shorten time to hear Defendants’ motion for summary judgment or, alternatively, to continue the trial date.  No opposition has been filed.

Moving Defendants move for a court order advancing the hearing date on their motion for summary judgment or, in the alternative, to continue trial and all associated discovery and motion deadlines.  Moving Defendants argue the first available date for a motion for summary judgment is over eight months after the current trial date and they would be severely prejudiced if their motion is not heard.

None

A motion for summary judgment “shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise.”  (Code Civ. Proc., § 437c(a)(3).)

Trial dates are firm to ensure prompt disposition of civil cases.  (Cal. Rules of Court, rule 3.1332(a).)  Continuances are thus generally disfavored.  (Id., rule 3.1332(b).)  Nevertheless, the trial court has discretion to continue trial dates.  (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.)  Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause.  (Cal. Rules of Court, rule 3.1332(c); Hernandez, supra, 115 Cal.App.4th at 1246.)  Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) the unavailability of a party due to death, illness, or other excusable circumstances; (3) the unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) the substitution of trial counsel where there is an affirmative showing that the substitution is required in the interests of justice; (5) the addition of a new party if (A) the new party has not had a reasonable opportunity to conduct discovery and prepare for trial, or (B) the other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party’s involvement in the case; (6) a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.  (Cal. Rules of Court, rule 3.1332(c).)

The court must also consider such relevant factors as: (1) the proximity of the trial date; (2) whether there was any previous continuance, extension of time, or delay of trial caused by any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; (6) if the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) the court’s calendar and the impact of granting a continuance on other pending trials; (8) whether trial counsel is engaged in another trial; (9) whether all parties have stipulated to a continuance; (10) whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) any other fact or circumstance relevant to the fair determination of the motion or application.  (Id., rule 3.1332(d).)

Moving Defendants seek a court order advancing the hearing date for their motion for summary judgment currently set for July 5, 2023.  Alternatively, Moving Defendants seek a court order continuing the trial and all associated discovery and motion deadlines.  

Moving Defendants provide that while they timely filed and served their motion for summary judgment, the first available date on the Court’s calendar for a motion for summary judgment was July 5, 2023, which is over eight months after the current October 18, 2022 trial date.  Moving Defendants argue they have a statutory right to bring a motion for summary judgment and would be severely prejudiced if the Court denies the requested relief.

As acknowledged by Moving Defendants, the Court’s calendar is unable to accommodate a hearing on a motion for summary judgment prior to the current October 18, 2022 trial date.  To this extent, the Court cannot grant the request to advance the hearing date on the motion for summary judgment.

However, the Court finds that, under the circumstances, there is good cause to continue the trial date so that Moving Defendants’ motion for summary judgment can be heard.

Based on the foregoing, Defendants’ motion to shorten time to hear Defendants’ motion for summary judgment is denied.

Defendants’ alternative request to continue trial is granted.

The Court orders trial continued from October 18, 2022 to August 28, 2023 at 8:30 a.m., in Department 30.  The Final Status Conference is continued from October 4, 2022 to August 14, 2023 at 10:00 a.m., in Department 30. Discovery and motion cut-off dates shall be based on the new trial date. The parties should not anticipate any further continuances. The trial date is firm and the parties should be prepared to proceed.

Moving Party is ordered to give notice and to file proof of service of such notice within five court days after the date of this order.