Judge: Kerry Bensinger, Case: 21STCV21491, Date: 2023-05-01 Tentative Ruling

Case Number: 21STCV21491    Hearing Date: May 1, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On June 9, 2021, Plaintiff Floyd Wiltz filed this action against defendants Normandie Portfolio II, LP, and EMP III, Inc. dba Alpha Property Management (collectively “Defendants”) for premises liability and general negligence.

On September 1, 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 July 17, 2023.  All discovery and motion cut-off dates were set to the new trial date.

On March 30, 2023, Defendants filed this motion to continue trial and to set all trial related deadlines, including motion and discovery cut-off dates to the new trial date.  Alternatively, Defendants request the Court to specially set the hearing on their motion for summary judgment.

The motion is unopposed.

As a threshold matter, the Court’s impacted calendar prevents the Court from specially setting Defendants’ motion for summary judgment.  Accordingly, the Court considers only Defendants’ request for a trial continuance.

II.          LEGAL STANDARD

A.   Continue Trial

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.) ¿

B.   Deadlines for Summary Judgment Motion

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.     ANALYSIS

 Defendants argue good cause exists to grant this motion because Defendants reserved the earliest available hearing date for a motion for summary judgment.  The motion is scheduled for May 15, 2024 which is nearly ten months past the current trial date.  (Pouladian Decl.)  Accordingly, Defendants request that the trial be continued to June 17, 2024, or as soon thereafter, and to set all trial related deadlines to that date.

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.  Further, no prejudice will result from a trial continuance as the motion is unopposed.

IV.     CONCLUSION

The motion to continue the trial date is GRANTED.   

Defendants’ motion for summary judgment is set for May 15, 2024.  The Final Status Conference scheduled for July 3, 2023, is CONTINUED to June 3, 2024 at 10:00 a.m. in Department 27 of  Spring Street Courthouse, and the Non-Jury Trial scheduled for July 17, 2023 is CONTINUED to June 17, 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 June 17, 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 1st day of May 2023