Judge: Michelle C. Kim, Case: 22STCV16796, Date: 2023-12-21 Tentative Ruling

Case Number: 22STCV16796    Hearing Date: December 21, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

NOURJA MCGURK ROSTAMI, 

Plaintiff(s),  

vs. 

 

ROXBURY PROPERTIES, INC., ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 22STCV16796 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE 

 

Dept. 31 

1:30 p.m.  

December 21, 2023 

 

I. Background 

On May 19, 2022, Plaintiff Nourja McGurk Rostami (“Plaintiff”) filed this action against Roxbury Properties, Inc. for damages arising from a trip and fall against a metal pool handrail as a result of a chair placed next to the handrail. On December 28, 2022, Plaintiff filed an amendment to complaint naming 17834 Burbank Properties, LLC as Doe 1. 

 

Defendants Roxbury Properties, Inc. and 17834 Burbank Properties, LLC (“Defendants”) now bring the instant motion requesting the Court to continue the trial date on or after July 24, 2024 in order for their June 18, 2024 motion for summary judgment (“MSJ”) to be heard at least 30 days prior to trial, or in the alternative, to specially set the MSJ hearing date. Trial is currently set for February 29, 2024.  

 

As of December 8, 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, Defendants assert that June 18, 2024 was the earliest available hearing date for their MSJ, but that it is after the current trial date. Defendants, thus, seek to continue the trial date to allow their 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.)  Defendants filed their MSJ on November 8, 2023. Defendants filed the instant motion three 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, Defendants establish good cause for the continuance.  

 

As to the request to specially set the hearing date for their MSJ, per the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, the Personal Injury courts do not have the capacity to add hearings to their fully booked motion calendars. The proper relief to seek is to continue trial instead of seeking to advance or shorten the hearing time. Therefore, the alternative request to specially set the hearing date is denied. 

 

Based on the foregoing, Defendants’ motion to continue trial is GRANTED.  The February 29, 2024 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 15, 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.  

 

Moving Defendants are ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 20th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court