Judge: Kerry Bensinger, Case: 20STCV22498, Date: 2023-01-26 Tentative Ruling

Case Number: 20STCV22498    Hearing Date: January 26, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 15, 2020, Plaintiff Lydia Rodriguez (“Plaintiff”) brought this slip-and-fall action against Defendant Target Corporation (“Defendant”). This action asserts one cause of action for negligence.

On December 21, 2022, Defendant filed a motion for summary judgment set for April 10, 2024. On December 29, 2022, Defendant filed a motion to advance the summary judgment hearing. Defendant states that the April 10, 2024 date was the first available hearing date at the time of filing. Defendant wishes the trial date to be advanced to a date on or before April 13, 2023.

Trial is currently scheduled for May 18, 2023. Defendant argues that the Court should advance the hearing on Defendant’s Motion for Summary Judgment so that the hearing can be held prior to trial.

California Code of Civil Procedure section 437c(a) states that “[n]otice of the [summary judgment] motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by five days if the place of address is within the State of California….The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise.”

          Due to the PI HUB’s calendar, the Court is unable to accommodate a hearing for the motion for summary judgment on a date 30 days prior to the currently scheduled trial date of May 18, 2023. The Court’s first available date for a motion for summary judgment is June 6, 2024, two months after the currently scheduled date. Thus, the Court cannot grant the request to advance the hearing date on the motion for summary judgment.

          If Defendant wishes the motion for summary judgment to be heard, Defendant must move for a continuance of the trial to a date convenient to counsel and the Court, at least 30 days after the scheduled hearing on the motion for summary judgment. This motion must comply California Rules of Court, rule 3.1332.  Given that the current trial date is not until May 18, 2023, counsel should be able to reserve a hearing date on their motion to continue the trial date.[1]  Of course, counsel may also submit a stipulation to continue the trial date in order to accommodate the currently scheduled hearing on the motion for summary judgment.    

          Therefore, the Court DENIES Defendant’s Motion to Advance the Hearing Date of Defendant’s Motion for Summary Judgment.

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 26^th day of January 2023