Judge: Lee W. Tsao, Case: 23NWCV02208, Date: 2024-12-10 Tentative Ruling

Case Number: 23NWCV02208    Hearing Date: December 10, 2024    Dept: F

Lopez v. Bodega Latina Corporation dba El Super Markets (23NWCV02208)

This premises liability action was filed on July 17, 2023. Defendant Chedraui USA, Inc. (erroneously sued as Bodega Latina Corporation dba El Super Markets) moves to continue trial from February 19, 2025 to July 14, 2025, or a date thereafter convenient to the Court. Defendant also moves to continue the final status conference from February 15, 2024, to June 10, 2025, or to a date thereafter convenient for the Court. Defendant argues trial should be continued because the hearing for its Motion for Summary Judgment is currently scheduled on May 14, 2025, three months after trial. Defendant argues that it will be prejudiced if its Motion for Summary Judgment is not heard before trial. Defendant further argues a continuance would facilitate discovery and settlement discussions.

Defendant Chedraui USA, Inc.’s Ex Parte Application to Continue Trial and Final Status Conference is GRANTED pursuant to CRC Rule 3.1332(c)(6)-(7) and Code of Civil Procedure section 437c, subdivision (a)(3). Defendant’s Motion for Summary Judgment was timely filed and served per Code in accordance with current trial date. The only reason that the Motion cannot be heard before the current trial is due to the congestion of this Court’s law and motion calendar. A continuance for a trial date on or after July 14, 2025, is reasonable. The Court will confer with the parties to select a new final status conference and trial date. Discovery and all trial deadlines will track the new trial date. Moving Party to give notice.