Judge Kerry Bensinger, Case 19STCV42517 2023-03-02 Tentative Ruling

LESLIE VERMEER,

Plaintiff,

vs.

TRADER JOE’S COMPANY, et al.,

Defendants.

)

CASE NO.: 19STCV42517

[TENTATIVE] ORDER RE: DEFENDANT TRADER JOE’S ORDER TO SPECIALLY SET/ADVANCE HEARING ON MOTION FOR SUMMARY JUDGMENT

Dept. 27

1:30 p.m.

March 2, 2023

INTRODUCTION

On November 27, 2019, plaintiff Leslie Vermeer (“Plaintiff”) filed this action against defendant Trader Joe’s Company (“Defendant”) arising from a December 9, 2017, slip and fall.

On December 7, 2022, Defendant filed a motion for summary judgment, which is set to be heard on September 27, 2023.

On January 10, 2023, Defendant filed this motion for an order to specially set or advance the hearing date on its Motion for Summary Judgment. The motion is unopposed.

Trial is currently scheduled for ¿July 3, 2023¿.

LEGAL STANDARD

California Rules of Court, rule 3.1332, subd. (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.

DISCUSSION

Here, Defendant filed a motion for summary judgment on December 7, 2022, and reserved September 27, 2023 as the first available hearing date for its motion for summary judgment. Trial is currently scheduled for July 3, 2023. Defendant requests that the Court advance the hearing date so that Defendant’s motion for summary judgment can be heard before the current trial date.

The Court agrees that Defendant should have their motion for summary judgment heard. However, due to the Court’s congested calendar, the Court cannot accommodate Defendant’s request to specially set the hearing for its motion for summary judgment. Counsel should file a stipulation to continue the trial date, file a noticed motion, or seek ex parte relief.

CONCLUSION

¿¿Defendant Trader Joe’s Company’s¿ motion is DENIED.

Moving party to give notice.

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.