Judge: Kerry Bensinger, Case: 20STCV03857, Date: 2023-04-28 Tentative Ruling

Case Number: 20STCV03857    Hearing Date: April 28, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On June 30, 2020, Plaintiff Karen Webb filed this action against Defendant City of Pasadena (“City”) for premises liability.

On August 5, 2022, the Court granted the parties’ written stipulation to continue the trial and related motion and discovery dates.  Pursuant to written stipulation, trial was continued to May 18, 2023.  All discovery and motion cut-off dates were set to the new trial date.

On April 4, 2023, City filed this motion to continue trial and all pre-trial deadlines and cutoffs.

The motion is unopposed.

As the deadline to complete discovery has already passed, the Court construes this motion as a motion to continue trial and to reopen discovery.

II.          LEGAL STANDARD

A.   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).)

Notwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parties, a continuance or postponement of a trial¿or arbitration¿date extends any deadlines that have not already passed as of March 19, 2020, applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions in the same matter. The deadlines are extended for the same length of time as the continuance or postponement of the trial date.  (Code Civ. Proc., § 599.) 

B.   Reopen Discovery¿

Except as otherwise provided, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action.¿ (Code Civ. Proc., § 2024.020, subd. (a).)¿ On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.¿ This motion shall be accompanied by a meet and confer declaration demonstrating a good faith effort at informal resolution.¿ (Code Civ. Proc., § 2024.050, subd. (a).)¿¿¿¿

The court shall take into consideration any matter relevant to the leave requested, including, but not limited to: (1) the necessity and the reasons for the discovery, (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier, (3) any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party, and (4) the length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action.”¿ (Code Civ. Proc., § 2024.050, subd. (b).)¿

C.   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.     ANALYSIS

City argues good cause exists to grant this motion because City reserved the earliest available hearing date for a motion for summary judgment.  The motion is scheduled for April 19, 2024 which is nearly a year past the current trial date.  (Retchless Decl., ¶ 3.)  Accordingly, City requests that the trial be continued to a date no earlier than May 20, 2024 and to set all related deadlines to that date.  City attaches a stipulation signed by all parties agreeing to a trial continuance and to continue discovery, expert discovery, and other pre-trial deadlines.

Based on the foregoing, the Court finds there is good cause to continue the trial to allow Defendant’s motion for summary judgment to be heard.  Given the accord amongst the parties to continue trial and to set all discovery and related dates to the new trial date, the Court also reopens discovery.

IV.     CONCLUSION

Defendant City of Pasadena’s motion to continue the trial date is GRANTED.   

The Final Status Conference scheduled for May 4, 2023, is CONTINUED to May 6, 2024 at 10:00 a.m. in Department 27 of  Spring Street Courthouse, and the Non-Jury Trial scheduled for May 18, 2023 is CONTINUED to May 20, 2024 at 08:30 a.m. in Department 27 of 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 May 20, 2024.

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.

        Dated this 28th day of April 2023