Judge: Lee S. Arian, Case: 22STCV07147, Date: 2024-06-14 Tentative Ruling

Case Number: 22STCV07147    Hearing Date: June 14, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO CONTINUE TRIAL 

Hearing Date: 6/14/24 

CASE NO./NAME: 22STCV07147 KENIA GABRIELA ANDRADE, et al. vs BRANDY WEISS

Moving Party: Defendant Defendants

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED 

On February 28, 2022, Plaintiff filed the present motor accident case. Defendants filed their answers in July or October 2023. The current trial date is set for August 28, 2024. On May 14, 2024, Defendant Avis Budget Car Rental filed a motion for summary judgment (MSJ) with a hearing date set for December 2, 2024. Defendant now moves the Court to continue the trial to a date 30 days after December 2, 2024.

"A trial court may not refuse to hear a summary judgment filed within the time limits of [Code of Civil Procedure] section 437c. [Citation.] Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion." (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529); accord First State Inc. Co. v. Superior Court (2000) 79 Cal.App.4th 324, 330 [invalidating case management order to the extent it precluded filing motions pursuant to section 437c ]; Wells Fargo Bank v. Superior Court (1988) 206 Cal.App.3d 918, 923 [local court rule that "require a party filing a complex summary judgment motion to file the motion six months before the date set for trial is void and unenforceable because it is inconsistent with section 437c"].) As the Sentry court explained: "We are sympathetic to the problems the trial courts experience in calendaring and hearing the many motions for summary judgment. However, the solution to these problems cannot rest in a refusal to hear timely motions." (Sentry, supra. at p. 530.) 

Continuing the trial so the MSJ can be heard constitutes good cause. No opposition was filed alleging prejudice. Thus, the present motion is GRANTED. Considering that Defendants filed their answers in July or October 2023, the parties have had less than a year to conduct discovery. Therefore, fact discovery will follow the new trial date.

Trial is continued to January __, 2025, at 8:30 a.m. The Final Status Conference is continued to January __, 2025, at 10:00 a.m. All case-related deadlines are to follow the new trial date.

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 without leave.