Judge: Robert B. Broadbelt, Case: 20STCV43019, Date: 2023-12-20 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 20STCV43019    Hearing Date: March 6, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Los Angeles Unified School District       

RESPONDING PARTY:       Plaintiff Eric Jones

Motion to Continue Trial and Related Dates

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Defendant Los Angeles Unified School District (“Defendant”) moves the court for an order continuing trial in this action, filed by plaintiff Eric Jones (“Plaintiff”), from March 27, 2024 to June 5, 2024 (or as soon thereafter as the court can accommodate), and all related dates.  Defendant contends that there is good cause to continue trial because, on January 25, 2024, Defendant filed its motion for summary judgment or, alternatively, summary adjudication, but the hearing on its motion is scheduled for May 1, 2024 (i.e., after the trial date of March 27, 2024).    

The court finds that Defendant has not shown good cause to further continue trial in this action.  (Cal. Rules of Ct., rule 3.1332.)

The court acknowledges that “‘[a] trial court may not refuse to hear a summary judgment filed within the time limits of [Code of Civil Procedure] section 437c.’”  (Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88.)  However, here, Defendant did not file its motion within the time limits of Code of Civil Procedure section 437c by failing to serve and file the motion with 75 days’ notice (plus two court days for electronic service) to Plaintiff and with enough time to be heard 30 days before the then-scheduled February 28, 2024 trial date or the current March 27, 2024 trial date.[1]  (Code Civ. Proc., §§ 437c, subds. (a)(2), (a)(3), 1010.6, subd. (a)(3)(B).)  Thus, Defendant does not have a right to have its summary judgment motion heard before trial.  (Cole, supra, 87 Cal.App.5th at p. 89 [“Because [the petitioners’] motion for summary judgment was filed within the time limits set by section 437c, they have a right to have their motion heard before the start of trial”].)

            Thus, the court finds that Defendant has not met its burden to show that there is good cause to continue trial in order to allow Defendant’s motion for summary judgment or, alternatively, summary adjudication to be heard.  (Cal. Rules of Ct., rule 3.1332, subd. (c).)  The court therefore denies Defendant’s motion.

ORDER

            The court denies defendant Los Angeles Unified School District’s motion to continue trial and related dates.

            The court orders plaintiff Eric Jones to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 6, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court