Judge Kerry Bensinger, Case 21STCV13784 2023-05-02 Tentative Ruling

On April 12, 2021, Plaintiff Carol Sorrenti filed this action against defendants City of Los Angeles (erroneously sued as “County of Los Angeles”), Peppertree Ranch Management, LLC (“PRM”), and Jennifer Borow for injuries arising from a trip and fall incident on May 13, 2020. Plaintiff added defendants Steven Borow, William E. Hughes, as trustee of the Hughes Pittario Trust Under Trust Dated January 25, 2017, and Judith Pittario-Hughes, as trustee of the Hughes Pittario Trust Under Trust Dated January 25, 2017 by doe amendment on July 1, 2022.

On August 16, 2022, the Court granted the parties’ written stipulation to continue the trial and related motion and discovery dates. Pursuant to written stipulation, trial was continued to June 23, 2023. All discovery and motion cut-off dates were set to the new trial date.

On November 17, 2022, defendants Jennifer Borow, Peppertree Ranch Management, LLC, Steven Borow, and Judith Pittario-Hughes, as trustee of the Hughes Pittario Trust under Trust dated January 25, 2017 (hereinafter, “Defendants”) filed a motion to continue the trial date so that their motion for summary judgment could be heard. The Court denied the motion on December 16, 2022, because Defendants had yet to file their motion for summary judgment.

Defendants subsequently filed their motion for summary judgment on March 8, 2023. On the same day, Defendants filed this motion to continue trial and all pre-trial deadlines and cutoffs to accommodate Defendants’ summary judgment motion hearing date of November 16, 2023.

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).)

Notwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parties, a continuance or postponement of a trial¿or arbitration¿date extends any deadlines that have not already passed as of March 19, 2020, applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions in the same matter. The deadlines are extended for the same length of time as the continuance or postponement of the trial date. (Code Civ. Proc., § 599.)

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 grant this motion because the earliest available hearing date for a motion for summary judgment is November 16, 2023 which is beyond the current trial date. (Weiner Decl.)

Based on the foregoing, the Court finds there is good cause to continue the trial. Defendants are entitled to have their motion for summary judgment heard before trial, which the Court notes has been filed. Given that the motion is unopposed, the Court finds no prejudice will result from a trial continuance.

Defendants’ motion for summary judgment is set for November 16, 2023. The Final Status Conference scheduled for June 8, 2023, is CONTINUED to January 8, 2024 at 10:00 a.m. in Department 27 of Spring Street Courthouse, and the Non-Jury Trial scheduled for June 23, 2023 is CONTINUED to January 22, 2024 at 08:30 a.m. in Department 27 of Spring Street Courthouse. All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of January 22, 2024.

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.

Hon. Kerry Bensinger

Judge of the Superior Court