Judge Lee S. Arian, Case Number: 23STCV00866, Date: 2024-03-13 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV00866, Date: 2024-03-13 Tentative Ruling

Case Number: 23STCV00866 Hearing Date: March 13, 2024 Dept: 27

Complaint Filed: 1/17/23

Trial Date: 7/16/24¿¿

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Hon. Lee S. Arian¿¿

Department 27¿¿

Tentative Ruling¿

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Hearing Date: 3/13/2024 at 1:30 p.m.¿¿

Case No./Name: 23STCV00866 GRECIA ZAMUDIO, et al. vs ASHES TO ASHES CORPORATION, et al.

Motion: MOTION TO CONTINUE TRIAL AND TRIAL-RELATED DATES¿

Moving Party: Defendant Macera Crematory

Responding Party: Unopposed¿

Notice: Sufficient¿

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

Background¿

On January 31, 2022, Plaintiff filed a negligence lawsuit against Defendants Ashes to Ashes Corporation and Macera Crematory, alleging that Mr. Zamudio's body was cremated without the presence or consent of his family members, contrary to their explicit wishes for a witnessed cremation. On February 15, 2024, Defendant Macera moved the Court to continue the trial date currently set for July 16, 2024, to a date after March 26, 2025. The primary reason for this request is that Macera plans to file a motion for summary judgment and reserved the earliest hearing date, which was February 24, 2025. That date is well beyond the current trial date of July 16. 2024. None of the parties involved in this action oppose this motion.

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.)¿

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The motion for summary judgment (MSJ) in question is scheduled for a hearing on February 24, 2025. The current trial date is July 16, 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 March __, 2025, at 10:00 a.m.

¿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.¿¿¿¿¿¿¿¿¿