Judge Kerry Bensinger, Case Number: 20STCV27855, Date: 2024-03-13 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. 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 motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

MOVING PARTY: Defendants El Segundo Plaza Associates, L.P., and El Segundo Plaza I, Inc.

On February 14, 2024, Defendants, El Segundo Plaza Associates, L.P. (erroneously sued and served as El Segundo Plaza Associate, L.P. aka El Segundo Plaza, L.P.) and El Segundo Plaza I, Inc., filed this motion to continue the trial date and to set all related cutoff dates to the new trial date. This is the second request for a trial continuance.

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 Defendants timely filed their summary judgment motion and reserved the earliest available hearing date for its motion for summary judgment. The motion is scheduled to be heard on June 3, 2024, which is 21 days before the trial date of June 24, 2024. (See Jamgotchian Decl.) For this reason, Defendant requests a 6-week trial continuance so that the court may have sufficient time to rule on the motion and, if necessary, to allow the parties to prepare for trial. Defendants also request all trial related dates to correspond to the new trial date.

Based on the foregoing, the court finds good cause exists to continue the trial date. Defendants are entitled to have their summary judgment motion heard at least 30 days before trial. As this is the second trial continuance request only and no party has opposed this motion, the court also finds no prejudice will result from granting this motion.

The unopposed motion to continue trial is GRANTED. Defendants El Segundo Plaza Associates, L.P.’s and El Segundo Plaza I, Inc.’s motion for summary judgment is scheduled for June 3, 2024. The Final Status Conference scheduled for June 11, 2024 is CONTINUED to July 22, 2024 at 10:00 AM. The Non-Jury Trial scheduled for June 24, 2024 is CONTINUED to August 5, 2024 at 8:30 AM. All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of August 5, 2024.

Kerry Bensinger

Judge of the Superior Court

[1] A failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54(c).)