Judge: Kerry Bensinger, Case: 20STCV07479, Date: 2023-03-28 Tentative Ruling

Case Number: 20STCV07479    Hearing Date: March 28, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On February 18, 2020, plaintiff Nakisa Nowzar (“Plaintiff”), filed this action against defendants Via Marina Tahiti HOA, Horizon Management Company, and Does 1 to 100 for injuries arising from a slip and fall on April 4, 2018.  On October 29, 2020, Plaintiff added Personal Touch Cleaning & Maintenance, Inc. (“Personal Touch”) as Doe 1.

On June 7, 2022, the Court granted Personal Touch’s ex parte application to continue trial in order to participate in mediation.  Pursuant to Personal Touch’s request, trial was rescheduled to February 15, 2023.  All discovery related deadlines were set to the new trial date.

On January 9, 2023, the Court granted the parties’ stipulation to continue trial in order to participate in mediation scheduled for January 19, 2023.  The Court continued trial to September 26, 2023.  All discovery and motion related timeliness were set to the new trial date.

On January 31, 2023, Personal Touch filed the instant motion to continue the trial so that Personal Touch’s motion for summary judgment may be heard on June 7, 2024.

The motion is unopposed.

Trial is currently scheduled for September 26, 2023. 

II.          LEGAL STANDARD

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.

III.        DISCUSSION

Personal Touch seeks a trial continuance because the January 19, 2023 mediation was unsuccessful and Personal Touch now intends to file a Motion for Summary Judgment.  Personal Touch reserved the first available hearing date of June 7, 2024.  (See Anvari Decl., ¶ 4.)  Trial is currently scheduled for September 26, 2023.  Personal Touch request a trial continuance to accommodate the June 7, 2024 hearing for their Motion for Summary Judgment.    

Personal Touch has demonstrated good cause to continue the trial.  Personal Touch reserved the June 7, 2024 date for their Motion for Summary Judgment, which is the first available date.  (Anvari Decl., ¶ 4.)  No opposition to this motion has been filed.

IV.         CONCLUSION

The motion to continue trial is GRANTED.

Trial is continued from September 26, 2023 to July 1, 2024 at 8:30 a.m. in Department 27.  The final status conference is continued from September 12, 2023 to June 25, 2024 at 10:00 a.m. in Department 27.  Defendant Personal Touch & Cleaning & Maintenance, Inc.’s motion for summary judgment is scheduled for June 7, 2024.  Absent a stipulation continuing the discovery cut dates, all pretrial deadlines including discovery, expert, and motion cut-off dates remain tied to the September 26, 2023 trial date.  

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 March 2023