Judge: Kerry Bensinger, Case: 20STCV11847, Date: 2023-02-23 Tentative Ruling

Case Number: 20STCV11847    Hearing Date: February 23, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On March 25, 2020, plaintiff Sean Casey (“Plaintiff”) filed this action against defendant CVS Pharmacy, Inc. (“CVS”), and Does 1 to 50, for premises liability and negligence.

On July 23, 2020, Plaintiff filed an amendment to the complaint to designate as Doe 1 defendant GRB Service Systems, Inc. (“GRB”) (previously designated as Doe 1 under the incorrect name of Southwestern Services).  On the same day, Plaintiff filed an amendment to the complaint to designate as Does 2 defendant Central Aire Heating & Air Conditioning Service, Inc.

On August 16, 2020, Plaintiff filed an amendment to the complaint to designate as Doe 3 defendant Garfield Beach CVS, LLC (“Garfield Beach CVS”).

On January 5, 2023, the Court granted in part CVS, Garfield Beach CVS, and GRB’s ex parte application to continue the Final Status Conference to March 27, 2023 and to continue the trial date to April 10, 2023.  Discovery and related deadlines were not continued and remained related to the original trial date of February 7, 2023.

Prior to filing the aforementioned ex parte application, CVS filed the instant motion to continue the trial to August 31, 2023, or as soon thereafter.  CVS represents that counsel for all parties submit this motion jointly.  As such, the motion is unopposed. 

Trial is currently scheduled for April 10, 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

CVS seeks a trial continuance because (1) CVS and Plaintiff only recently resolved issues concerning the taking of Plaintiff’s deposition, which was scheduled for January 30, 2023; (2) Plaintiff has been unable to conduct depositions of CVS’s personnel, which are necessary for trial and not expected to commence until after completion of Plaintiff’s deposition on January 30, 2023; (3) CVS is finalizing supplemental discovery responses for service; (4) the parties have agreed to mediation with Peter J. Searle, and have reserved the soonest available date of July 31, 2023; (5) Plaintiff’s independent medical examination (IME) was scheduled for January 9, 2023, and Defendant will need time to evaluate the IME report and to determine the necessity of conducting expert discovery; and (6) none of the parties or witnesses are known to suffer any prejudice from a trial continuance. (See Contreras Decl. ¶ 3.)  Trial is currently scheduled for April 10, 2023 and mediation is scheduled for July 31, 2023.  Thus, CVS requests a trial continuance to accommodate the July 31, 2023 mediation date.    

Although some of the reasons proffered by CVS are potentially moot, the Court finds that CVS has demonstrated good cause to continue the trial.  The parties have agreed to mediate the matter, which is schedule to take place on July 31, 2023.  Further, because the parties submit this motion jointly, the parties will not be prejudiced by the trial continuance. 

IV.         CONCLUSION

Defendant CVS Pharmacy, Inc.’s motion is GRANTED.  Trial is continued from April 10, 2023 to Click or tap here to enter text. at 8:30 a.m. in Department 27.  The final status conference is continued from March 27, 2023 to Click or tap here to enter text. at 10:00 a.m. in Department 27.  All pretrial deadlines including discovery and motion cut-off dates are to be based on the new 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 23rd day of February 2023