Judge: Melissa R. Mccormick, Case: Stewart v. County of Orange, Date: 2022-09-01 Tentative Ruling

Plaintiff R. Allen Stewart’s Motion to Continue Trial

Plaintiff R. Allen Stewart moves for an order continuing the October 31, 2022 trial date.  For the following reasons, plaintiff’s motion is denied.

Plaintiff states the trial date should be continued because plaintiff intends to file a summary judgment motion.  The last day for the court to hear a timely summary judgment motion in this case is October 3, 2022.  The last day for plaintiff to serve and file a summary judgment motion was therefore July 20, 2022.  See, e.g., Cal. Civ. Proc. Code § 437c(a)(2) (summary judgment motion papers must be served on all other parties at least 75 days before the hearing); id. § 437c(a)(3) (summary judgment motion shall be heard no later than 30 days before the trial).  Plaintiff has not filed a summary judgment motion.  Plaintiff’s intention to file an untimely summary judgment motion does not constitute good cause to continue the trial date.  See Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529 (“A trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.”) (emphasis added). 

Plaintiff also asserts the trial date should be continued to enable plaintiff to complete discovery.  Plaintiff sets forth no reasons discovery could not have been completed sooner and no reasons plaintiff cannot complete discovery before the fact discovery cut-off deadline.

The trial remains scheduled for October 31, 2022 at 9:00 a.m. in Department C13.

Defendant to give notice.