Judge: Kerry Bensinger, Case: 22STCV18928, Date: 2023-10-09 Tentative Ruling

Case Number: 22STCV18928    Hearing Date: October 9, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 9, 2023                     TRIAL DATE:  December 7, 2023

CASE:                                Francisco Galicia-Martinez, et al. v. Victasia Dene Washington, et al.

CASE NO.:                 22STCV18928

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Defendants PV Holdings Corp., Inc. and Avis Budget Group, Inc.

RESPONDING PARTY:     Plaintiffs Francisco Galicia-Martinez and Maria Estevez-Galicia

I.          BACKGROUND

            On August 31, 2023, Defendants, PV Holdings Corp., Inc. and Avis Budget Group, Inc., filed this motion to continue the trial date and all trial-related dates so that Defendants’ motion for summary judgment may be heard before trial.  Defendants’ summary judgment motion is scheduled for February 1, 2024. 

            Plaintiffs oppose and Defendants reply.

II.           LEGAL STANDARD 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).) 

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

            Defendants argue good cause exists to continue the trial date because the hearing for their summary judgment motion is scheduled to be heard after the current trial date.  On February 1, 2023, Defendants reserved the earliest available hearing date for the motion.  The motion is scheduled to be heard on February 1, 2024.  Trial is currently scheduled for December 7, 2023. For this reason, Defendants request a trial continuance to allow their motion for summary judgment to be heard within the statutory period.  Defendants also request all trial related dates to correspond to the new trial date.

            Plaintiff argues the motion should be denied because Plaintiff has diligently prepared for trial and “should not be punished as a result of Defendants’ lack of diligence and dilatory tactics.”  However, Plaintiff has not established that Defendants were dilatory.  Moreover, Defendants timely filed their summary judgment motion on February 1, 2023.  “A trial court may not refuse to hear a summary judgment filed within the time limits of [Code of Civil Procedure] section 437c.”  (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529.)   As such, the Court finds good cause to continue the current trial date to allow Defendants’ motion for summary judgment to be heard.  (Cal. Rules of Court, rule 3.1332(d)(10).)  However, Defendants do not set forth any grounds to reopen discovery or to continue all trial-related dates to the new trial date.  As such, discovery and all other trial-related dates remain tied to the November 16, 2023 trial date.

IV.       CONCLUSION 

The motion to continue trial is GRANTED.  Defendants PV Holdings Corp., Inc.’s and Avis Budget Group, Inc.’s motion for summary judgment is scheduled for February 1, 2024.  The Final Status Conference scheduled for November 27, 2023 is CONTINUED to March 5, 2024 at 10:00 AM in Department 27 of Spring Street Courthouse.  The Non-Jury Trial scheduled for December 7, 2023 is CONTINUED to March 19, 2024 at 8:30 AM in Department 27 of Spring Street Courthouse.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates remain set to the trial date of December 7, 2023.

Moving party to give notice. 

Dated:   October 9, 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.