Judge: Kerry Bensinger, Case: 21STCV17563, Date: 2023-02-14 Tentative Ruling

Case Number: 21STCV17563    Hearing Date: February 14, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On May 10, 2021, plaintiff Karoline Montoya-Garzon (“Plaintiff”) filed this action against defendants Two Photos In One, Premier Parks, LLC (“Premier Parks”), and Enes Basaran (“Basaran”) (collectively “Defendants”). 

On October 5, 2022, Plaintiff filed the operative First Amended Complaint.  Premier Parks filed an answer on October 31, 2022.  Premier Parks now seeks an order continuing the trial to November 20, 2023, or as soon thereafter, to allow Premier Parks to file a motion for summary judgment.  The motion is unopposed. 

Trial is currently scheduled for July 3, 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

Premier Parks seeks a trial continuance because (1) Premier Parks acquired new information from Plaintiff’s deposition, taken on January 10, 2023, which indicates her injury occurred in a location beyond Premier Parks’ leased property; (2) based on that information Premier Parks requested dismissal from this case, to which Plaintiff has not responded; and (3) Premier Parks wishes to file a motion for summary judgment, and reserved the October 17, 2023—the first available date—for their motion to be heard.  (See Gaisford Decl. ¶¶ 3-7, Exs. B, C, D.)  Trial is currently scheduled for July 3, 2023.  Thus, Premier Parks requests a trial continuance to accommodate the October 17, 2023 hearing date.    

The Court finds that Premier Parks has demonstrated good cause to continue the trial.  Premier Parks has indicated an intention to file a motion for summary judgment and has reserved the date of October 17, 2023 for the same to be heard.  Further, the parties will not be prejudiced by the trial continuance as neither Plaintiff nor Co-Defendants Two Photos In One or Basaran oppose the instant motion. 

IV        CONCLUSION
Defendant Premier Parks, LLC’s motion is GRANTED.  Trial is continued from July 3, 2023 to______________at 8:30 a.m. in Department 27.  The final status conference is continued from June 19, 2023 to __________________ at 10:00 a.m. in Department 27.  All pretrial deadlines including discovery and motion cut-off dates are to be based on 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 14th day of February 2023