Judge: Lee S. Arian, Case: 21STCV23766, Date: 2024-05-09 Tentative Ruling

Case Number: 21STCV23766    Hearing Date: May 9, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO CONTINUE TRIAL

Hearing Date: 5/9/24 

CASE NO./NAME: 21STCV23766 LUIS RUEDA vs CITY OF LOS ANGELES 

Moving Party: Defendant Eurostar

Responding Party: Plaintiff 

Notice: Sufficient 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED

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.)

On June 25, 2021, Plaintiff filed the present premises liability case. The current trial date is set for July 8, 2024. Defendant’s Motion for Summary Judgment (MSJ) is scheduled for a hearing on February 20, 2025, after the trial date. Continuing the trial date so Defendant’s Motion for Summary Judgment can be heard constitutes good cause. Thus, the Motion to Continue Trial is GRANTED, but fact discovery does not follow the new trial date.

The new trial date will be April ____, 2025, at 8:30 a.m. and all pretrial dates, except fact discovery deadline, are continued in accordance with the new trial date.  The Final Status Conference is continued to April __, 2025, at 10:00 a.m.

PLEASE TAKE NOTICE: 

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.

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.

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.