Judge: Michelle C. Kim, Case: 23STCV00668, Date: 2024-02-21 Tentative Ruling

Case Number: 23STCV00668    Hearing Date: February 21, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

AIDA SARGSYAN, 

Plaintiff(s),  

vs. 

 

CITY OF LOS ANGELES, ET AL., 

 

Defendant(s). 

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      CASE NO: 23STCV00668 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE 

 

Dept. 31 

1:30 p.m.  

February 21, 2024 

 

I. Background 

On January 12, 2023, plaintiff Aida Sargsyan (“Plaintiff”) filed this action against defendants City of Los Angeles and Hollywood Chamber of Commerce for damages arising from a trip and fall on a sidewalk. Trial is currently set for July 11, 2024.   

Defendant Hollywood Chamber of Commerce (“HCC”) requests the Court to continue the trial date and all related dates to January 2025 in order for its motion for summary adjudication (“MSA”) to be heard prior to trial.  

The motion is unopposed. 

 

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).) 

HCC asserts it filed and served its MSA on November 21, 2023 against Plaintiff’s third cause of action for negligence. HCC avers that September 12, 2024 was the earliest available hearing date for their MSA, but that it is after the current trial date. Defendant, thus, seek to continue the trial date to allow its MSA to be heard.  

Here, there is a good cause to continue the trial date. HCC filed its MSA on November 21, 2023, 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, HCC filed this motion to continue trial on December 15, 2023, which is seven months before the current trial date as opposed to waiting until the eve of trial. There have been no prior requests for a trial continuance, and the case matter is not yet old. There are no alternative means identified to address these issues, and there is otherwise no prejudice shown to any party if trial is continued.  

 

Based on the foregoing, HCC’s motion to continue trial is GRANTED.  The July 11, 2024 Trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The June 27, 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 20th day of February 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court