Judge Kerry Bensinger, Case Number: 22STCV08491, Date: 2023-09-28 Tentative Ruling

On August 16, 2023, Defendant, Macera Crematory, filed this motion to continue the trial date and to set all related cutoff dates to the new trial date. This is the second request for a trial continuance.

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 argues good cause exists to continue the trial date because Defendant reserved the earliest available hearing date for its motion for summary judgment. The motion is scheduled to be heard on March 7, 2024. (See Bouquet Decl.) Trial is currently scheduled for February 14, 2024. For this reason, Defendant requests a trial continuance so that its summary judgment motion may be heard before trial. Defendant also requests all trial related dates to correspond to the new trial date.

Based on the foregoing, the Court finds good cause exists to continue the trial date. Defendant is entitled to have its summary judgment motion heard before trial. As this is the second trial continuance request only and no party has opposed this motion,[1] the Court also finds no prejudice will result from granting this motion.

The unopposed motion to continue trial is GRANTED. Defendant Macera Crematory’s motion for summary judgment is scheduled for March 7, 2024. The Final Status Conference scheduled for January 31, 2024 is CONTINUED to April 2, 2024 at 10:00 AM in Department 27 of the Spring Street Courthouse. The Non-Jury Trial scheduled for February 14, 2024 is CONTINUED to April 15, 2024 at 8:30 AM 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 April 15, 2024.

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.

[1] On July 13, 2023, all parties stipulated to a trial continuance and to set all trial-related dates to the new trial date. However, the filing was rejected, and thus, necessitating this motion.