SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

On May 11, 2022, Plaintiff Greta Manucharova (“Plaintiff”) filed this action against defendants City of Los Angeles, Los Angeles Department of Water and Power, and 6126 Fulton Apt LLC (“6126 Fulton”) for damages arising from a slip and fall on a sidewalk.  

 

Defendant 6126 Fulton now brings the instant motion requesting the Court to continue the trial to at least November 18, 2024 in order for its October 18, 2024 motion for summary judgment (“MSJ”) to be heard at least 30 days prior to trial. Trial is currently set for March 8, 2024.  

 

As of December 11, 2023, no opposition was filed.  

 

II. Trial Continuance 

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  (CRC Rule 3.1332(c).)  The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial.  (See generally, CRC Rule 3.1332(d)(1)-(11).)  Additional factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application.  (CRC Rule 3.1332(c), (d).) 

 

Here, 6126 Fulton asserts that October 18, 2024 was the earliest available hearing date for its MSJ, but that it is after the current trial date. 6126 Fulton, thus, seeks to continue the trial date to allow its MSJ to be heard. A trial court cannot refuse to hear a summary judgment motion filed within the time limits of CCP § 437c. (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918. 919.)  6126 Fulton filed its MSJ on September 25, 2023. 6126 Fulton filed the instant motion five months before the current trial date as opposed to waiting until the eve of trial, and this is the second request for a trial continuance. The case matter is not yet old. Further, there are no alternative means identified to address these issues, and there is otherwise no prejudice shown to any party if trial is continued, especially as no party opposes the motion. Therefore, 6126 Fulton establishes good cause for the continuance.  

 

Based on the foregoing, 6126 Fulton’s motion to continue trial is GRANTED.  The March 8, 2024 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 23, 2024 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are continued to reflect the new trial date.