Judge: Lee S. Arian, Case: 22STCV29729, Date: 2024-07-16 Tentative Ruling

Case Number: 22STCV29729    Hearing Date: July 16, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27¿ 

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MOTION TO CONTINUE TRIAL

Hearing Date: 7/16/2024 at 1:30 p.m.¿¿ 

CASE NO./NAME: 22STCV29729 HAWK MCFADZEN vs. CITY OF LONG BEACH et al.

Moving Party: Defendant City of Long Beach 

Responding Party: Unopposed¿¿ 

Notice: Sufficient¿¿ 

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Ruling: MOTION TO CONTINUE TRIAL IS GRANTED 

On September 12, 2022, Plaintiff filed the present case. On May 21, 2024, Defendant City of Long Beach filed a motion for summary judgment. The current trial date is September 6, 2024. The motion for summary judgment is scheduled to be heard on March 19, 2025. Defendant requests a trial continuance to sometime in June so its MSJ can be heard.

Numerous courts of appeal have held that a trial court cannot refuse to consider a motion for summary judgment that is timely filed. "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.)

Defendant filed and served its motion for summary judgment on May 21, 2024, with the trial date set for September 6, 2024. The motion was served more than 105 days prior to trial; therefore, it was timely filed, and the Court cannot refuse to hear a timely filed motion for summary judgment.

The new Trial Date is set for June 2, 2025, at 8:30 a.m. The Final Status Conference is continued to May 19, 2025, at 10:00 a.m. The only basis to continue the trial date is so the motion for summary judgment can be heard. Defendant has not shown good cause to have the fact discovery cut-off follow the new trial date. Should the parties wish to reopen fact discovery, they can do so either through stipulation or motion.  All other case-related deadlines, including expert discovery, will 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.