Judge: Kerry Bensinger, Case: 20STCV22498, Date: 2023-04-04 Tentative Ruling

Case Number: 20STCV22498    Hearing Date: April 4, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On June 15, 2020, plaintiff Lydia Rodriguez (“Plaintiff”) filed this action against defendants Target Corporation (“Defendant”), Target Stores, Target Store #189, and Martha Tujhjin for injuries arising from a slip and fall on July 9, 2018. 

On October 7, 2021, the Court granted Defendant’s ex parte application to continue trial and all related deadlines to allow Plaintiff to complete discovery before trial.  Pursuant to the parties’ request, trial was rescheduled to March 21, 2023.  All discovery related deadlines were set to the new trial date.

On March 11, 2022, the Court granted the parties’ stipulation to continue trial in order to conduct Plaintiff’s IME and to participate in mediation and the mandatory settlement conference.  The Court continued trial to October 7, 2022.  All discovery and motion related timelines were set to the new trial date.

On August 25, 2022, the Court granted the parties’ stipulation to continue trial in order to conduct Plaintiff’s IME and to participate in mediation and the mandatory settlement conference.  The Court continued trial to May 18, 2023.  All discovery and motion related timelines were set to the new trial date.

On March 3, 2023, Defendant filed the instant motion to continue the trial and all related dates and deadlines so that Defendant’s motion for summary judgment may be heard on April 10, 2024.

The motion is unopposed.

Trial is currently scheduled for May 18, 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

Defendant seeks a trial continuance because April 10, 2024 is the earliest available date for Defendant’s motion for summary judgment to be heard.  Defendant has already reserved the date and filed its motion.  (Bolin Decl., ¶¶ 6, 7.)  Trial is currently scheduled for May 18, 2023.  Defendant requests a trial continuance to accommodate the April 10, 2024 hearing for their motion for summary judgment.    

Defendant has demonstrated good cause to continue the trial.  Defendant reserved the April 10, 2024 date for their Motion for Summary Judgment, which is the first available date.  (Bolin Decl., ¶ 7.)  This motion is unopposed.

IV.         CONCLUSION

The motion to continue trial is GRANTED.

Trial is continued from May 18, 2023 to July 10, 2024 at 8:30 a.m. in Department 27.  The final status conference is continued from May 4, 2023 to June 26, 2024 at 10:00 a.m. in Department 27.  Defendant’s motion for summary judgment is scheduled for April 10, 2024.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of July 10, 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 4th day of April 2023