Judge: Olivia Rosales, Case: 22NWCV00320, Date: 2024-09-20 Tentative Ruling

Case Number: 22NWCV00320    Hearing Date: September 20, 2024    Dept: F

THE PACIFIC SOUTHWEST DISTRICT OF THE LUTHERAN CHURCH-MISSOURI SYNOD v. JENSEN

CASE NO.:  22NWCV00320

HEARING: 09/20/24

#20

Defendant/Cross-Complainant PEACE LUTHERAN CHURCH, INCORPORATED, OF SOUTH GATE, CALIFORNIA’s unopposed Motion to Continue Trial and Related Dates is GRANTED.

Moving Party to give Notice.

No Opposition filed as of September 19, 2024.

This action concerning real property was filed on April 26, 2022. Trial is currently scheduled for October 15, 2024. The Court notes that there is one discovery motion, and two motions for summary judgment/adjudication scheduled to be heard after trial.

Defendant/Cross-Complainant PEACE LUTHERAN CHURCH, INCORPORATED, OF SOUTH GATE, CALIFORNIA (“Moving Party”) moves to continue trial and all related dates to a date on or after February 21, 2025 for the following reasons:

·        A First Amended Complaint was recently filed on August 5, 2024;

·        The Doe Defendant(s) have not yet been served by publication;

·        There are motions scheduled to be heard beyond the currently scheduled trial date.

·        Defendant Janet Torres dba Kids Forum Preschool and Daycare agrees to continue the trial date.

The Moving Party indicates in the Moving Papers that Plaintiff/Cross-Complainant THE PACIFIC SOUTHWEST DISTRICT OF THE LUTHERAN CHURCH-MISSOURI SYNOD (“Plaintiff”) failed to respond to Moving Party’s meet and confer efforts to stipulate to a continuance of trial.

As indicated above, this Motion is unopposed.

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good case requiring the continuance. Circumstances that may indicate good cause include…. (6) A party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” (CRC Rule 3.1332(c).)

Given the recently filed amended pleading, the outstanding discovery issues pending, and the timely filed Motions for Summary Judgment/Adjudication set for hearing beyond the currently scheduled date for trial, the Court finds good cause to continue trial to a date on or after February 21, 2025, depending on the Court and parties’ availabilities. Discovery and all related deadlines will track the new trial date. The Court will confer with the parties to secure new FSC and trial dates.

The Motion is GRANTED.