On December 9, 2021, plaintiff Lovjeet Singh (“Plaintiff”) filed this action against defendants Avis Budget Group, Inc. (“Defendant”) (erroneously sued as “Budget Rent A Car System, Inc.”) and Kimberly Boutte arising from a motor vehicle collision that occurred on December 17, 2019.  

Defendant now seeks an order to continue the trial to a date beyond April 26, 2024, which is the earliest hearing date Defendant could reserve for their motion for summary judgment.  The motion is unopposed.   

Trial is currently scheduled for ¿June 8, 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. 

Defendant seeks a trial continuance because Defendant intends to file a motion for summary judgment and has reserved the earliest available hearing date of April 26, 2024.  Further, Defendant represents it has complied with the paragraph 10 of the Court’s Eighth Amended Standing Order, which states that a moving party should reserve the earliest available motion hearing date and file a noticed Motion to Continue Trial instead of seeking ex parte relief.  Trial is currently scheduled for June 8, 2023.  Thus, CVS requests a trial continuance to accommodate the April 26, 2024 hearing date.     

The Court finds that Defendant has demonstrated good cause to continue the trial.  Defendant is entitled to file a motion for summary judgment, which can be heard no earlier than April 26, 2024.  Further, the Court finds the parties will not be prejudiced by the trial continuance as this motion is unopposed.   

The motion is GRANTED.  Trial is continued from ¿June 8, 2023¿ to ¿Click or tap here to enter text.¿ at 8:30 a.m. in Department 27.  The final status conference is continued from ¿May 25, 2023¿ to ¿Click or tap here to enter text.¿ 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.