On August 8, 2021, plaintiff Debra Todd (“Plaintiff”), filed this action against defendants City of Los Angeles (“City”), County of Los Angeles, and State of California (collectively, “Defendants”) for negligence and statutory liability.  Plaintiff alleges that on October 4, 2020, she was walking on a sidewalk owned, operated and maintained by Defendants when she encountered an unregulated and sprawling homeless encampment.  To safely pass the encampment, Plaintiff walked onto the street to safely pass where she was struck by a motor vehicle and sustained damages.  Plaintiff to further alleges that the homeless encampment constituted a dangerous condition on public property. 

On August 12, 2022, the Plaintiff and City signed and filed a Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates).  Pursuant to the Stipulation, the Court continued the Final Status Conference to May 31, 2023, the non-jury trial was continued to June 12, 2023, and discovery and motion cut-off dates were set to the new trial date.  

On December 21, 2022, City deposed Plaintiff.  Sometime thereafter, counsel for City reserved the first available hearing date of April 2, 2024 for a motion for summary judgment. 

On February 10, 2023, Defendants filed the instant motion to continue trial date so that City’s motion for summary judgment may be heard.   

No opposition has been filed. 

Trial is currently scheduled for ¿June 12, 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).) 

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.¿