On May 24, 2019, plaintiff Keith Schneider (“Plaintiff”), filed this action against defendants Lyft, Inc., Kevin Marckwordt Zepeda, and Hertz Vehicles LLC ( “Hertz”).  The action arises out of a motor vehicle collision which occurred on November 10, 2018. 

On January 10, 2023, Hertz filed the instant motion to continue the trial and all other relevant pre-trial dates so that Hertz’s motion for summary judgment may be heard on October 5, 2023.  No opposition has been filed. 

Trial is currently scheduled for ¿June 23, 2023¿.   

California Rules of Court, rule 3.1332, subdivision (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 California Rules of Court, rule 3.1332, subd. (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.”  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.  (Cal. Rules of Court, rule 3.1332, subd. (d).) 

Code of Civil Procedure, section 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. 

Hertz seeks a trial continuance because Hertz intends to file and serve a Motion for Summary Judgment, or in the Alternative, Summary Adjudication.  The soonest available hearing date is October 5, 2023.  (See Bolle Decl., ¶ 3.)  Trial is currently scheduled for June 23, 2023 and Hertz has reserved the date of October 5, 2023 for their Motion for Summary Judgement.  Defendants request a trial continuance to accommodate the October 5, 2023 hearing, or in the alternative, to specially set the hearing for Hertz’s Motion for Summary Judgment.     

Hertz has demonstrated good cause to continue the trial.  Hertz reserved the October 5, 2023 date for their Motion for Summary Judgment, which is the first available date.  (Bolle Decl., ¶ 3.)  No opposition to this motion has been filed.  

Accordingly, Defendant Hertz Vehicles LLC’s motion is GRANTED.  Trial is continued from June 23, 2023 to November 1, 2023 at 8:30 a.m. in Department 27.  The final status conference is continued from March 1, 2023 to October 18, 2023 at 10:00 a.m. in Department 27.  All pretrial deadlines including discovery and motion cut-off dates are to be based on the new trial date.    

Moving party to give notice.