Judge: Kerry Bensinger, Case: 20STCV01496, Date: 2023-09-07 Tentative Ruling

Case Number: 20STCV01496    Hearing Date: September 7, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 7, 2023                 TRIAL DATE:  October 23, 2023

CASE:                                Charles Sampson, Jr., et al. v. Los Angeles County Metropolitan Transportation Authority, et al.

CASE NO.:                 20STCV01496

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Defendant American Curvet Investment, LLC

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On July 20, 2023, Defendant, American Curvet Investment, LLC, filed this motion to continue the trial date to September 13, 2024, or a date thereafter, and to set all related cutoff dates to the new trial date.  This is the fourth request for a trial continuance.

            The motion is unopposed.

II.           LEGAL STANDARD 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).) 

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 date because, among other reasons, Defendant has not been able to conduct the depositions of thirteen (13) fact witnesses, including Plaintiff.  The outstanding depositions also forced Defendant to reschedule the date for their summary judgment motion from August 29, 2023 to the next available date of August 13, 2024.   As such, Defendant seeks a trial continuance to allow Defendant to conduct the remaining depositions and to accommodate their summary judgment motion hearing date.

            Based on the foregoing, the Court finds good cause exists to continue the trial date and to set all trial related cutoff dates to the new trial date.  Additional time is needed to complete discovery and to allow for Defendant’s summary judgment motion to be heard before trial.  Further, as there is no opposition, the Court finds no prejudice will result from granting this motion.

IV.       CONCLUSION 

The unopposed motion to continue trial is GRANTED.  Defendant American Curvet Investment, LLC’s motion for summary judgment is scheduled for August 13, 2024.  The Final Status Conference scheduled for October 9, 2023 is CONTINUED to August 30, 2024 at 10:00 AM in Department 27 of the Spring Street Courthouse.  The Non-Jury Trial scheduled for October 23, 2023 is CONTINUED to September 13, 2024 at 8:30 AM in Department 27 of the Spring Street Courthouse.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of September 13, 2024.

Moving party to give notice. 

Dated:   September 7, 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.