Judge Kerry Bensinger, Case Number: 22STCV11103, Date: 2023-08-16 Tentative Ruling

On July 11, 2023, Defendant, Costco Wholesale Corporation, filed this motion to continue the trial date and all related pre-trial deadlines.

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, subdivision (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.)

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 reserved the earliest available hearing date for its motion for summary judgment.¿ The motion is scheduled for September 25, 2024, which is after the current trial date of September 29, 2023. ¿(See Declaration of Sepideh Doust.) Defendant argues good cause exists for a trial continuance because Defendant is entitled to have their summary judgment motion heard in compliance with Code of Civil Procedure section 437c.¿¿Defendant’s motion for summary judgment was filed and served on June 16, 2023. For these reasons, Defendant requests a trial continuance to October 29, 2024 and to set all trial related dates to the new trial date.

Based on the foregoing, the Court is inclined to grant the motion. However, the proof of service to the motion shows that the motion was served on Plaintiff’s counsel at the email address “litigation@lacenturylaw.com”. This email address does not match the address on the Court’s file, nor does it appear in Plaintiff’s Substitution of Attorney notice filed on May 16, 2023.[1] Accordingly, the Court will address service issues at the hearing. If counsel for Plaintiff appears at the hearing, the Court will proceed to hear the motion. If not, the hearing will be continued to allow counsel to file an amended proof of service.

The Court will hear from counsel. If the matter must be continued the Court intends to continue the matter to September 7, 2023 at 1:30 PM to allow Defendant to file an amended proof of service of this motion.

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] The Court also notes the proof of service attached to Defendant’s motion for summary judgment shows only Plaintiff’s former counsel was served with the summary judgment motion.