Judge Lee W. Tsao, Case Number: 23NWCV02529, Date: 2025-03-03 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV02529, Date: 2025-03-03 Tentative Ruling

Case Number: 23NWCV02529 Hearing Date: March 3, 2025 Dept: F

ELIAS v. VONS, ET AL.

CASE NO.: 23NWCV02529

HEARING: March 3, 2025 @ 10:30 a.m.

#31

TENTATIVE ORDER

Defendant The Vons Companies, Inc.’s Motion to Continue Trial is GRANTED.

Defendant to give notice.

Background

This is a premises liability action. On August 10, 2023, Plaintiff Leane Elias (“Plaintiff”) filed this action against Defendants The Vons Companies, Albertsons Companies Inc., and Does 1 to 100. The Complaint alleges Defendants negligently maintained the premises, whereby Plaintiff injured herself when she stepped into a hole on the floor while she was shopping on May 26, 2023. The Complaint alleges one cause of action for Negligence.

On September 14, 2023, Defendant The Vons Companies, Inc. filed the answer.

On January 22, 2024, Defendant Albertsons Companies, Inc. was dismissed pursuant to stipulation.

On February 20, 2024, the Court set the final status conference for May 1, 2025 and trial for May 15, 2025.

Defendant The Vons Companies, Inc. (“Defendant”) now moves to continue trial and final status conference dates.

Legal Standard

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (CRC Rule 3.1332(c). The Court, in making its determination to continue the trial should consider the following factors: “(1) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party (3) The length of the continuance requested; (4) The unavailability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) The prejudice that parties or witnesses will suffer as a result of the continuance; (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) The court’s calendar and the impact of granting a continuance on other pending trials; (8) Whether trial counsel is engaged in another trial; (9) Whether all parties have stipulated to a continuance; (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) Any other fact or circumstance relevant to the fair determination of the motion or application.” (CRC Rule 3.1332(d).)

Code of Civil Procedure section 437c, subdivision (a)(1)-(2) states the following: “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. . .Notice of the motion and supporting papers shall be served on all other parties to the action at least 81 days before the time appointed for hearing. If the notice is served by mail, the required 81-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 81-day period of notice shall be increased by two court days.” (Code Civ. Proc., § 437c, sub. (a)(1)-(2).)

Code of Civil Procedure section 437c, subdivision (a)(3) states the following: “The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise.” (Code Civ. Proc., § 437c, sub. (a)(3).)

Discussion

Trial is set for May 15, 2025. Defendant seeks to continue trial to a date after the hearing on its Motion for Summary Judgment, which is currently set to be heard on August 5, 2025. Defendant argues it has diligently conducted discovery, and on January 27, 2025, it reserved the first available date for a Motion for Summary Judgment. (Galstyan Decl., ¶ 4.)

In opposition, Plaintiff argues the Motion was not timely filed, stating the following: “[T]he Motion was not timely filed based on the revisions to Code of Civil Procedure section 437c, effective January 1, 2025. Defendant filed its motion on January 28, 2025. The soonest the matter could have been heard was April 22, 2025 (81+2) days. The earliest possible setting would have been twenty-three days before trial. Code of Civil 18 Procedure section 437(c)(3) mandates that the Motion be heard 30 days before trial. Defendant waited too long to bring its Summary Judgment Motion.” (Opp, 3:13-19.)

In reply, Defendant argues that it inadvertently filed its Motion for Summary Judgment according to requirements Code of Civil Procedure section 437c in effect prior to January 1, 2025, which required the Motion to be served at least 75 days prior to the hearing. Defendant asserts that its Motion was thus timely under the old requirements.

The Court acknowledges that Defendant filed the Motion late pursuant to the current Code of Civil Procedure section 437c requirements. Yet the Court finds that under the prior requirements, Defendant’s Motion would have been timely—75 days after the Motion was filed would be April 13, 2024, which is before the 30-day cut-off for motions for summary judgment to be heard before trial. The Court finds Defendant’s mistake was inadvertent. Further, Plaintiff offers no other arguments in opposition as to how a trial continuance would prejudice Plaintiff. The Court this finds a trial continuance reasonable under the circumstances, despite Defendant’s mistake.

Accordingly, Defendant’s Motion to Continue Trial is granted. The Court will confer with the parties at the hearing to select the new Final Status Conference and trial dates, which are to be after the hearing on Defendant’s Motion for Summary Judgment, in compliance with Code of Civil Procedure section 437c, subdivision (a)(3). All pre-trial deadlines will correspond with the new trial date.