Judge: Lee S. Arian, Case: 19STCV08676, Date: 2024-01-11 Tentative Ruling

Case Number: 19STCV08676    Hearing Date: January 11, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On March 12, 2019, Plaintiff Corbett Dale Wilson (“Plaintiff”) filed a complaint against Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, Sepulveda Commercial Development Corp., Symphony Pools, Inc. dba Swimming Pool & Spa Surgeon (“Defendants”), and DOES 1 to 20, inclusive for (1) general negligence and (2) premises liability. The complaint alleges on or about March 20, 2018, Plaintiff fell into the pool area of Defendants’ premises and sustained injuries.

On November 28, 2023, Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, and Sepulveda Commercial Development Corp., filed a motion to continue trial and specially set hearing of motions for summary judgment.

Trial is currently set for March 15, 2024.

II.          LEGAL STANDARD

Per California Rules of Court (CRC), rule 3.1332, subdivision (c): the court may grant a continuance for “good cause,” which includes: (1) unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) unavailability of a party due to death, illness, or other excusable circumstances; (3) unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) substitution of trial counsel required in the interests of justice; (5) addition of a new party or other parties in regard to a new party’s involvement hasn’t had a reasonable opportunity to conduct discovery and prepare for trial; (6) party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) significant, unanticipated change in the status of the case as a result of which indicates the case is not ready for trial. (CRC Rule 3.1332(c).) 

Other relevant factors to be considered may include: “(1) the proximity of the trial date; (2) whether there was any previous continuance, extension of time, or delay of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; (6) if the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) the court’s calendar and the impact of granting a continuance on other pending trials; (8) whether trial counsel is engaged in another trial; (9) whether all parties have stipulated to a continuance; (10) whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) any other fact or circumstance relevant to the fair determination of the motion or application” (CRC Rule 3.1332(d).) 

“A trial court has great discretion in the disposition of an application for a continuance. Absent a clear abuse of discretion, the court’s determination will not be disturbed.” (Estate of Smith v. Atkinson (1973) 9 Cal.3d 74, 81.) “Such discretion is abused, however, where the lack of a continuance results in the denial of a fair hearing.” (Rankin v. Curtis (1986) 183 Cal.App.3d 939, 947.)

III.        DISCUSSION

Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, and Sepulveda Commercial Development Corp., move to continue the trial date of March 15, 2024 to September 12, 2024, continue all trial-related dates and deadlines, and to specially set the hearing dates of the motions for summary judgment filed by Defendants Fitness International LLC dba LA Fitness and Sepulveda Commercial Development Corp. for May 17, 2024. Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, and Sepulveda Commercial Development Corp. argue that good cause exists because (1) the trial is set for March 15, 2024; (2) both Defendants Fitness International LLC dba LA Fitness and Sepulveda Commercial Development Corp.’s motions were timely filed on April 17, 2023, but the first available hearing date through the Court’s reservation system was January 3, 2025; (3) the motions for summary judgment were served on all parties on June 13, 2023; and (4) moving parties’ trial counsel, Thomas D. Nielson, is out on medical leave and expected to be out of the office until late March 2024, if not longer.

Pursuant to the Code of Civil Procedure § 437c(a)(3) requires a motion for summary judgment be heard no later than 30 days before trial.

Here, Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, and Sepulveda Commercial Development Corp., have shown that good cause for continuance exists in this present case. First, the motions for summary judgment hearing dates are currently set out one year after the trial date is set to commence. Furthermore, Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, and Sepulveda Commercial Development Corp., have shown the motions for summary judgment were timely filed and served on all parties in this action. Moreover, Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, and Sepulveda Commercial Development Corp.’s trial counsel will be unavailable due to medical leave. Accordingly, the motion to continue the trial is granted.

While the Court generally does not “specially set” the summary judgment motion. it will reserve July 23, 2024, at 1:30 p.m. for the motion based on an opening in its calendar.  Trial well be set for 30 days thereafter, to be set at the time of the hearing on this motion.

IV.         CONCLUSION

Defendants Castle Rock Electric, Inc., Fitness International LLC dba LA Fitness, and Sepulveda Commercial Development Corp.’s motion to continue trial is GRANTED, and the summary judgment motion is continued to Jul 23, 2024.

Moving party to give notice.

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.

Dated this 11^th day of January 2024