Judge: Kerry Bensinger, Case: 21STCV34093, Date: 2023-05-22 Tentative Ruling

Case Number: 21STCV34093    Hearing Date: May 22, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 22, 2023                         TRIAL DATE:  August 10, 2023

CASE:                                Michael Lara, Jr. v. Promax Personnel, LLC, et al.

CASE NO.:                 21STCV34093

MOTION TO CONTINUE TRIAL

MOVING PARTY:               Defendant Greer & Kirby Co., Inc.

RESPONDING PARTY:     Plaintiff Michael Lara, Jr.

I.          BACKGROUND

            On September 15, 2021, Plaintiff, Michael Lara, Jr., filed this action against Promax Personnel, LLC, Carlos’ Insurance, and Marco Antonio Murrillo for injuries arising out of an April 23, 2021 motor vehicle accident.  Plaintiff designated Greer & Kirby Co., Inc. as Doe 1 on November 23, 2022. 

On February 28, 2023, the Court granted the parties’ stipulation to continue trial and related motion and discovery dates.  Pursuant to written stipulation, trial was continued to July 27, 2023.

Greer & Kirby Co., Inc. (hereinafter “Defendant”)  now moves to continue the trial date and all related dates so that its motion for summary judgment may be heard before trial.  Plaintiff opposes.

II.        LEGAL STANDARDS

A.    Motion to 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.      DISCUSSION

Defendant seeks to continue the trial and all related trial dates because Defendant reserved the earliest available hearing date for a motion for summary judgment.  The motion is scheduled for August 16, 2024, which is after the current trial date.  Trial is scheduled for August 10, 2023.  (See Lawrence Decl.)¿ Defendant argues good cause exists for a trial continuance so that its summary judgment motion may be heard in compliance with Code of Civil Procedure section 437c.  Alternatively, Defendant requests that the Court specially set its summary judgment motion to be heard before the current trial date.

Plaintiff acknowledges that Defendant is entitled to have its summary judgment motion heard before trial.  Plaintiff also concedes that good cause exists to continue trial for the separate reason that the parties require more time to complete discovery.  However, Plaintiff opposes a trial continuance because he is not amenable to continuing trial over a year.  (See Seigler Decl.) As such, Plaintiff proposes that the Court advance the hearing date for Defendant’s summary judgment motion to a date in late 2023 or early 2024, and to continue trial accordingly.

Based on the foregoing, the Court finds there is good cause for a trial continuance.  However, given the Court’s impacted calendar, the Court is unable to accommodate any requests to advance a hearing date for a summary judgment motion.  As this is only the second trial continuance and given the accord among the parties that trial should be continued, the Court finds that a trial continuance will be minimally prejudicial.  Pursuant to Code of Civil Procedure section 599, all discovery and motion cut-off dates are automatically set to the new trial date.

Counsel are encouraged to check the reservation system because dates for hearings for summary judgment become available.  Should a hearing date become available, and the parties agree to the earlier date, the Court will accommodate rescheduling the trial date to a date convenient to the parties.  Until such time, however, the dates are outline below.

IV.       CONCLUSION 

The motion to continue trial is GRANTED.  Defendant Greer & Kirby Co., Inc.’s Motion for Summary Judgment is scheduled for August 16, 2024.  The Final Status Conference scheduled for July 27, 2023 is CONTINUED to September 3, 2024 at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for August 10, 2023 is CONTINUED to September 17, 2024 at 08:30 a.m. in Department 27 of the 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 September 17, 2024.    

Moving party to give notice. 

Dated:   May 22, 2023                                                ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.