Judge: Michael E. Whitaker, Case: 20STCV28613, Date: 2023-05-16 Tentative Ruling

Case Number: 20STCV28613    Hearing Date: May 16, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

Defendant LK Fitness Group, Inc. (Defendant) moves for an order to specially set a hearing date for Defendant’s Motion for Summary Judgment, or in the alternative, Summary Adjudication (hereafter MSJ/A), for a date which is at least seventy-five (75) days from the date Defendant’s motion was filed and served, February 23, 2023, and at least thirty (30) days before the current trial date, June 12, 2023.  In the alternative, Defendant moves to continue the trial date, which is currently set for June 12, 2023, to a date at least thirty days after the current MSJ/A hearing date, May 1, 2024.  Plaintiff Harsimran Ghotra has not filed an opposition. 

ANALYSIS

 “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”  (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)  A trial court has broad discretion in considering a request for a trial continuance.  (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)  California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial.  Whether the parties have stipulated to the postponement is a relevant factor for consideration.  (See Code Civ. Proc., § 595.2, but see Lorraine v. McComb (1934) 220 Cal. 753, 756-757 [finding a stipulation to be merely “directory”].)  

Here, Defendant seeks a continuance of trial to accommodate the Motion for Summary Judgment hearing date which at the time of filing of the moving papers, which is currently set for May 1, 2024.  Defendant relies on the declaration of its counsel, Amanda A. Gharzeddine (Counsel).  Counsel explains that after Plaintiff’s deposition was taken on November 1, 2022, Counsel attempted to reserve a hearing date for Defendant’s MSJ/A through the Court’s online Court Reservation System.  (Declaration of Amanda A. Gharzeddine, ¶¶ 3-4.)  Counsel’s office reserved the first available hearing date which was May 1, 2024.  (Declaration of Amanda A. Gharzeddine, ¶ 5.)  Counsel repeatedly checked for sooner available hearing dates, however none were available.  (Declaration of Amanda A. Gharzeddine, ¶ 5.)  Defendant prepared, and timely filed and served its MSJ/A on Plaintiff on February 23, 2023. (Declaration of Amanda A. Gharzeddine, ¶¶ 6-7.)  Defendant argues it will be irreparably harmed and unduly prejudiced if it is deprived of its right to have its MSJ/A heard.  (See, e.g., 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”].) 

Accordingly, the Court finds Defendant has shown good cause for a trial continuance pursuant to California Rules of Court, rule 3.1332.

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion to continue trial and orders as follows:

·         The trial date, currently set for June 12, 2023, is continued to June 6, 2024, at 8:30 AM in Department 32.[1]

·         The Final Status Conference, currently set for June 1, 2023, is continued to May 23, 2023, at10:00 AM in Department 32.

·         No further continuance of the trial absent sufficient good cause. 

Defendant shall provide notice of the Court’s ruling and file a proof of service of such.