Judge: Lee S. Arian, Case: 22STCV10675, Date: 2024-04-03 Tentative Ruling

Case Number: 22STCV10675    Hearing Date: April 3, 2024    Dept: 27

Complaint Filed:          3/29/22

Trial Date:                        9/9/24

 

Hon. Lee S. Arian

Department 27

Tentative Ruling

 

Hearing Date:                4/3/2024 at 1:30 p.m.

Case No./Name:          22STCV10675 ANGEL GONZALEZ vs W.E. O’NEIL CONSTRUCTION

Motion:                              MOTION TO CONTINUE TRIAL AND TRIAL-RELATED DATES

Moving Party:                 Defendant Southern California Edison Company

Responding Party:      Plaintiff

Notice:                                Sufficient

Shape

Ruling:                               MOTION TO CONTINUE TRIAL AND TRIAL-RELATED DATES¿IS GRANTED

 

Background

 

On July 15, 2021, Plaintiffs Angel Gonzalez, Hector Lopez, and decedent Rodolfo Escarate Martinez were involved in an accident while installing rebar at the West Edge Project in Los Angeles. The rebar contacted Southern California Edison (SCE) owned power lines, resulting in Martinez's death and electrocuted Gonzalez and Lopez. All three Plaintiffs filed their respective complaints in 2022 and the lawsuits were consolidated on September 7, 2023. The original trial date was set for May 3, 2024. The parties filed a stipulation and continued the trial date to September 9, 2024. Defendant SCE scheduled a summary judgment motion but the nearest hearing date was February 18, 2025 and now moves the court to set the motion for summary judgment hearing before August 9, 2024 or continue the trial date to sometime after April 10, 2025.

 

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.)

 

SCE's motion for summary judgment (MSJ) is set for hearing on February 18, 2025. The MSJ filed by Defendants W.E. O'Neil Construction, Largo Concrete, Hines Interests, and Philena Properties is scheduled for a hearing on March 11, 2025. The current trial date is September 9, 2024. 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.

 

The new trial date is set for April ____, 2025, at 8:30 a.m. and all pretrial dates 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 without leave.