Judge Kerry Bensinger, Case Number: 20STCV11485, Date: 2023-10-10 Tentative Ruling

MOVING PARTY: Defendants Long Beach Public Transportation Company and Rodney Jones

On August 31, 2023, Defendants, Long Beach Public Transportation Company (erroneously served as “Long Beach Transit”) and Rodney Jones, filed this motion to continue the trial date and all trial-related dates so that Defendants’ motion for summary judgment may be heard before trial. Defendants’ summary judgment motion is scheduled for July 17, 2024.

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.¿

Defendants argue good cause exists to continue the trial date because the hearing for their summary judgment motion is scheduled to be heard after the current trial date. Defendants reserved the earliest available hearing date for the motion. The motion is scheduled to be heard on July 17, 2024. Defendants also timely filed and served their summary judgment motion on August 25, 2023. Trial is currently scheduled for December 8, 2023. For this reason, Defendants request a trial continuance to allow their motion for summary judgment to be heard within the statutory period.[1] Defendants also request all trial related dates be continued to the new trial date.

Plaintiff argues the motion should be denied because Defendants have had the information which forms the basis of their summary judgment motion for years. As such, Defendants could have reserved a hearing date for their summary judgment motion years ago. However, it is undisputed that Defendants timely filed their summary judgment motion on August 25, 2023. “A trial court may not refuse to hear a summary judgment filed within the time limits of [Code of Civil Procedure] section 437c.” (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529.)

Accordingly, the Court finds good cause to continue the current trial date to allow Defendants’ motion for summary judgment to be heard. (Cal. Rules of Court, rule 3.1332(d)(10).) However, Defendants do not set forth any grounds to re-open and continue discovery and all trial-related dates to the new trial date. As such, discovery and all other trial-related dates remain tied to the December 7, 2023 trial date.[2]

The motion to continue trial is GRANTED. Defendants Long Beach Public Transportation Company’s and Rodney Jones’s motion for summary judgment is scheduled for July 17, 2024. The Final Status Conference scheduled for November 21, 2023 is CONTINUED to August 16, 2024 at 10:00 AM in Department 27 of Spring Street Courthouse. The Non-Jury Trial scheduled for December 8, 2023 is CONTINUED to August 30, 2024 at 8:30 AM in Department 27 of Spring Street Courthouse. All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates remain set to the trial date of December 7, 2023.

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.

[1] Defendants alternatively request that the Court specially hearing for their summary judgment motion. Given the Court’s impact calendar, the Court cannot specially set the hearing.

[2] Should either party wish to re-open discovery and continue all related discovery cut-off dates to the new trial date, they must file a notice motion.