Judge: Lisa R. Jaskol, Case: 21STCV40694, Date: 2023-08-21 Tentative Ruling

Case Number: 21STCV40694    Hearing Date: August 21, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On November 4, 2021, Plaintiff Oscar Leon Cortes (“Plaintiff”) filed this action against Defendants South Bay Motors, LLC, South Bay Wholesale Motors, LLC, and Does 1-50 for motor vehicle negligence, general negligence, intentional tort, and premises liability. 

On November 12, 2021, Plaintiff filed a First Amended Complaint against Defendants South Bay Motors, LLC, South Bay Wholesale Motors, LLC, The Ding Doctor, Inc., Subaru Santa Monica, Danny’s Dealers Solutions, Property Owner of 1229 Santa Monica Blvd., Santa Monica, CA 90404, “John Doe,” and Does 1-50. The amended complaint again asserted claims for motor vehicle, general negligence, intentional tort, and premises liability and added claims for personal injury, property damage, and wrongful death. 

On July 27, 2022, Defendants Goodson SM, LLC dba Subaru Santa Monica and South Bay Motors, LLC filed an answer and a cross-complaint against Roes 1-100 for equitable indemnity, contribution and apportionment, and declaratory relief. 

On April 19, 2023, Defendants and Cross-Complainants South Bay Motors, LLC and Goodson SM, LLC dba Suburu Santa Monica filed a motion for summary judgment, which is scheduled to be heard on December 8, 2023. 

On July 3, 2023, Defendants and Cross-Complainants South Bay Motors, LLC and Goodson SM, LLC dba Suburu Santa Monica (“Moving Defendants”) moved to continue the trial.  No party has filed opposition. 

The trial is currently scheduled for October 12, 2023. 

PARTIES' REQUEST 

Moving Defendants ask the Court to continue the trial. 

LEGAL STANDARD 

California Rules of Court, rule 3.1332(b), provides that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” 

          Under California Rules of Court, rule 3.1332(c), the Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served. (Cal. Rules of Court, rule 3.1332(d).) 

DISCUSSION 

The trial is currently scheduled for October 12, 2023.  Moving Defendants served their motion for summary judgment on April 19, 2023.  Because of the Court’s impacted calendar, the hearing on the summary judgment motion was scheduled for December 8, 2023, after the October 12, 2023 trial date. 

Also due to the Court’s crowded calendar, the Court cannot advance the hearing on the summary judgment motion to a date before trial. 

Therefore, the Court will continue the trial so that the summary judgment motion can be heard before the trial. 

CONCLUSION 

The Court GRANTS the motion of Defendants and Cross-Complainants South Bay Motors, LLC and Goodson SM, LLC dba Suburu Santa Monica to continue the trial.  The trial is continued to January 12, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is December 29, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse.  Discovery and related dates are set to trail the new trial date. 

Moving parties are ordered to give notice of this ruling. 

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.