Judge: Kerry Bensinger, Case: 20STCV46316, Date: 2023-02-10 Tentative Ruling

Case Number: 20STCV46316    Hearing Date: February 10, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On December 3, 2020, plaintiff Jordan Stremfel (“Plaintiff”) filed this action against defendant Dollar Tree Stores, Inc. (“Defendant”) for general negligence and premises liability. 

On January 29, 2021, Defendant filed an answer.

On January 9, 2023, Defendant filed a Motion to Specially Set the Hearing Date on the Motion for Summary Judgment or to Continue the Trial Date to be heard on February 10, 2022.  On January 30, 2023, Plaintiff filed a notice of non-opposition to Defendant’s motion.

Trial is currently scheduled for August 16, 2023. 

II.          LEGAL STANDARD

California Rules of Court, rule 3.1332, subd. (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 states they wish to file a motion for summary judgment after concluding that the evidence supports a meritorious summary judgment motion.  Thus, on November 30, 2022, Defendant attempted to reserve a hearing for a summary judgment motion.  However, the first available hearing date for Defendant’s motion that also complies with the statutory notice period is February 15, 2024.  Defendant reserved February 15, 2024, for the motion for summary judgment hearing.  Trial is currently scheduled for August 16, 2023, and the last day for a summary judgment motion to be heard is July 17, 2023.  Defendant requests that the Court advance the hearing date so that Defendant’s motion for summary judgment can be heard before the current trial date or, in the alternative, continue the trial date to accommodate the February 15, 2024 hearing date.  The motion is not opposed.

Defendant is entitled to have its motion for summary judgment heard.  Given that the first available date is not until February 15, 2024, the motion to continue the trial date is granted.  

CONCLUSION

Defendant Dollar Tree Stores, Inc.’s motion is GRANTED.

The trial date is continued to  ______________.

The final status conference is continued to ________________.

          All discovery, motion, and expert-related completion dates shall be extended in accordance with 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 10th day of February 2023