Judge: Lee S. Arian, Case: 21STCV18035, Date: 2024-03-25 Tentative Ruling
Case Number: 21STCV18035 Hearing Date: March 25, 2024 Dept: 27
Complaint Filed: 5/13/2021
Trial Date: 6/12/24
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Hon. Lee S. Arian¿
Department 27¿
Tentative
Ruling¿
Hearing Date: 3/25/2024 at 1:30 p.m.¿
Case No./Name: 21STCV18035 BENJAMIN LEISER vs CITY OF LOS
ANGELES
Motion: Motion to Continue Trial
Moving Party: Defendant SHELTER CLEAN SERVICES, INC.
Responding Party: Unopposed
Notice: Sufficient¿
Ruling: MOTION TO CONTINUE TRIAL IS GRANTED.
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Legal Standard¿and Analysis¿
¿
Although continuances of trials are
disfavored, each request for a continuance must be considered on its own
merits.¿ (CRC Rule 3.1332(c).)¿ The Court may grant a continuance only on an affirmative showing
of good cause requiring the continuance.¿ (CRC Rule 3.1332(c).) The Court may look to the following factors
in determining whether a trial continuance is warranted: (1) proximity of the
trial date; (2) whether there was any previous continuance 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; (5) the
prejudice that parties or witnesses will suffer as a result of the continuance;
and (6) whether trial counsel is engaged in another trial.¿ (See generally, CRC Rule 3.1332(d)(1)-(11).)¿ Additional factors for the Court to consider include: a party’s
excused inability to obtain essential testimony, documents, or other material
evidence despite diligent efforts; whether all parties have stipulated to a
continuance; and any other fact or circumstance relevant to the fair
determination of the motion or application.¿ (CRC Rule 3.1332(c), (d).)¿¿A trial court cannot refuse to hear a summary judgment motion filed
within the time limits of California Code of Civil Procedure (CCP) § 437c. (Wells
Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918, 919.)¿
¿¿
Plaintiff filed the present case on 5/13/2021. The trial date has
been continued numerous times, with the current trial date scheduled for
6/12/24. A motion for summary judgment (MSJ) is set for hearing on January 28,
2025. Continuing the trial date to allow Defendant's motion for summary
judgment to be heard constitutes good cause. Thus, the Motion to Continue Trial
is GRANTED. The new
trial date is set for March 3, 2025, at 8:30 a.m. The Final Status
Conference is continued to February ___, 2025, at 10:00 a.m. Discovery deadline does not follow the
newly scheduled trial date.
PLEASE TAKE NOTICE:¿¿¿¿¿¿¿¿¿¿¿
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If a party intends to submit on this tentative ruling,¿the party must send an email to
the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT”
followed by the case number.¿ The body of the email must include the hearing date
and time, counsel’s contact information, and the identity of the party
submitting.¿¿¿¿¿¿¿¿¿¿¿¿¿
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Unless¿all¿parties submit by email to this tentative ruling, the
parties should arrange to appear remotely (encouraged) or in person for oral
argument.¿ You should assume that others may appear at the
hearing to argue.¿¿¿¿¿¿¿¿¿¿¿¿¿
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If the parties neither submit nor appear at hearing,
the Court may take the motion off calendar or adopt the tentative ruling as the
order of the Court.¿ After the Court has issued a tentative ruling, the
Court may prohibit the withdrawal of the subject motion without leave.¿¿¿¿¿¿¿¿¿¿¿¿
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