Judge: Michelle C. Kim, Case: 22STCV32513, Date: 2024-05-31 Tentative Ruling

Case Number: 22STCV32513    Hearing Date: May 31, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

PEDRO DE LOS SANTOS ORTEGA, 

Plaintiff(s),  

vs. 

 

SOUTHERN CALIFORNIA EDISON COMPANY, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV32513 

 

[TENTATIVE] ORDER GRANTING MOTION TO CONTINUE TRIAL DATE 

 

Dept. 31 

1:30 p.m.  

May 31, 2024 

 

I. BACKGROUND 

Plaintiff Pedro De Los Santos Ortega (“Plaintiff”) filed this action against defendants Southern California Edison Company, et al. for injuries arising from a motor vehicle v. bicycle collision. Trial is currently set for July 31, 2024.  

Defendant Southern California Edison Company (“SCE”) requests the Court to continue the trial date and all related dates to February 25, 2024, or a date thereafter, in order for its motion for summary judgment (“MSJ”) to be heard prior to trial. As of May 7, 2024, no opposition has been filed.  

 

II. MOTION TO CONTINUE TRIAL 

Here, there is good cause to continue the trial date. SCE filed its MSJ on April 15, 2024, and 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.) Furthermore, SCE filed this motion to continue trial on May 7, 2024, which is two and a half months before the current trial date as opposed to waiting until the eve of trial. 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 partoes opposed the motion. Therefore, SCE establish good cause for the continuance.  

 

III. CONCLUSION 

Based on the foregoing, SCE’s motion to continue trial is GRANTED.  The July 31, 2024 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The July 19, 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 party is 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 30th day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court