Judge: Kerry Bensinger, Case: 19STCV33198, Date: 2023-05-16 Tentative Ruling

Case Number: 19STCV33198    Hearing Date: May 16, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 16, 2023                         TRIAL DATE:  July 25, 2023

CASE:                                Gavriela Sandoval v. Robert Dunn, et al.

CASE NO.:                 19STCV33198

MOTION TO CONTINUE TRIAL

MOVING PARTY:               Defendant Robert Dunn

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On September 17, 2019, Plaintiff Gavriela Sandoval filed this action against defendant Robert Dunn (“Defendant”) arising from a dog bite by a German Shepherd.  On July 30, 2020, Plaintiff added Cory Perbix as a defendant.  Plaintiff filed the operative First Amended Complaint on April 30, 2021.

On April 24, 2023, Defendant filed this motion to continue the trial date so that Defendant’s motion for summary judgment may be heard on its presently reserved hearing date of June 29, 2023.  Defendant does not request that discovery and motion cut-off dates be set to a new trial date.  This is the fourth request for a trial continuance in this case.  

The motion is unopposed.

II.        LEGAL STANDARDS

A.    Motion to Continue Trial

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).) 

B.     Deadlines for Summary Judgment Motion 

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.¿ 

III.      DISCUSSION

Defendant argues good cause exists to continue the trial because Defendant reserved the earliest available hearing date for a motion for summary judgment.  The motion is scheduled for June 29, 2023, which is less than 30 days before trial.  Trial is currently scheduled for July 25, 2023.  (Spivey Decl.)¿ Defendant requests a trial continuance so that his summary judgment motion may be heard in compliance with Code of Civil Procedure section 437c. 

Based on the foregoing, the Court finds there is good cause for a trial continuance.  As there is no opposition to the request, no prejudice will result from a trial continuance.  All parties have been served with notice of this motion.

IV.       CONCLUSION 

The motion to continue trial is GRANTED.  Defendant’s motion for summary judgment is scheduled for June 29, 2023.  The Final Status Conference scheduled for July 11, 2023, is CONTINUED to July 17, 2023 at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for July 25, 2023 is CONTINUED to July 31, 2023 at 08:30 a.m. in Department 27 of the Spring Street Courthouse.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates remain set to the date of July 25, 2023.            

Moving party to give notice. 

Dated:   May 16, 2023                                                ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.