Judge: Kerry Bensinger, Case: 21STCV33720, Date: 2023-01-20 Tentative Ruling

Case Number: 21STCV33720    Hearing Date: January 20, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On September 13, 2021, plaintiff Luz Elena Vargas (“Plaintiff”) filed this action defendants City of Los Angeles (“Defendant”), County of Los Angeles, and Does 1 to 100 (collectively “Defendants”), alleging general negligence and premises liability. Plaintiff alleges she sustained personal injuries when she fell on the ground while walking through customs towards baggage claims at the Los Angeles International Airport. 

On December 22, 2022, Defendant filed this instant motion to continue trial.

On January 6, 2023, Plaintiff filed a declaration in support of her opposition.

As of January 17, 2023, no reply has been filed.

II.        LEGAL STANDARD

“To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Cal. Rules of Court, Rule 3.1332(a).)

A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.)

“In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include:

(1) The proximity of the trial date;

(2) Whether there was any previous continuance, extension of time, or delay of trial due to any party;

(3) The length of the continuance requested;

(4) The availability of alternative means to address the problem that gave rise to the motion or application for a continuance;

(5) The prejudice that parties or witnesses will suffer as a result of the continuance;

(6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay;

(7) The court’s calendar and the impact of granting a continuance on other pending trials;

(8) Whether trial counsel is engaged in another trial;

(9) Whether all parties have stipulated to a continuance;

(10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and

(11) Any other fact or circumstance relevant to the fair determination of the motion or application.”

(Cal. Rules of Court, Rule 3.1332(d).)

III.      DISCUSSION

Defendant seeks a trial continuance because it has been unable to secure a Motion for Summary Judgment (“MSJ”) hearing date prior to the current trial date through no fault of its own. The trial date is currently scheduled for March 13, 2023, and Defendant claims the first available date for Defendant’s MSJ was October 13, 2023. Defendant requests that the Court issue an order continuing trial to after October 13, 2023.

In the alternative, Defendant requests an order specially setting the hearing date for the MSJ between February 6, 2023 and February 10, 2023.

Defendant claims there is good cause to grant this instant motion. First, Defendant argues that it properly served the MSJ to provide timely notice for a hearing date between February 6, 2023 and February 10, 2023, more than 30 days before trial. (You Decl. ¶ 11.) Second, there have been no previous trial continuances. (You Decl. ¶ 12.) Third, while the requested trial continuance is for at least seven months, this is because there were no earlier available hearing dates. (You Decl. ¶ 13.) Fourth, unless the Court orders an earlier hearing date for the MSJ, there is no alternative means of addressing the need for a MSJ hearing date that complies with the statutory requirements. (You Decl. ¶ 14.) Fifth, there is no known prejudice to any of the parties if trial was continued as requested, as there has been no request for priority by Plaintiff. (You Decl. ¶ 15) Finally, the interests of justice are best served by the trial continuance because it is Defendants’ due process rights to have their MSJ heard. (You Decl. ¶ 16.)

Plaintiff’s counsel provides a declaration which states that Plaintiff agrees to a continuance of trial in order to complete discovery and oppose the MSJ, currently set for October 13, 2023. However, Plaintiff does not agree to a trial date for late 2023 or thereafter. Plaintiff also agrees to advancing the MSJ hearing. Plaintiff requests the Court advance the MSJ hearing to a date no later than August 2023 and a trial date approximately 60 days thereafter.

Given the factors listed in Rule 3.1332(d), the Court grants the motion to continue the trial date.  The October 13, 2023 hearing date for the motion for summary judgment is the earliest available date.  The Court will not advance the hearing on the motion for summary judgment.

 IV.      CONCLUSION  

In light of the foregoing, the Court GRANTS Defendant’s motion to continue the trial date.  The trial date is continued to December 13, 2023 at 8:30 am.  The Final Status Conference is continued to November 29, 2023.   

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’s 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 20th day of January 2023