Judge: Serena R. Murillo, Case: 21STCV32623, Date: 2023-01-05 Tentative Ruling

Case Number: 21STCV32623    Hearing Date: January 5, 2023    Dept: 29

TENTATIVE

Defendant’s motion to continue trial is granted.

Trial is continued to __________, 2023.  All trial related dates will be continued consistent with the new trial date including all discovery deadlines.

Legal Standard

Rule of Court 3.1332 states that to ensure the prompt disposition of civil cases, the dates assigned for a trial are firm, but authorizes trial continuances on an affirmative showing of good cause.  Pursuant to Rule 3.1332, in ruling on an application or motion for continuance, the court must consider “the unavailability of trial counsel because of death, illness, or other excusable circumstances; [t]he proximity of the trial date; [w]hether there was any previous continuance, extension of time, or delay of trial due to any party; [t]he length of the continuance requested; . . . [t]he prejudice that parties or witnesses will suffer as a result of the continuance; . . . [w]hether all parties have stipulated to a continuance; [w]hether interests of justice are best served by a continuance; and [a]ny other relevant facts.”  (CRC 3.1332(c)(3), (d).)

In Wells Fargo Bank v. Superior Court, the Court of Appeal held that a trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.  (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918. 919.)  Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion.  (Ibid.; Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529.)  “We are sympathetic to the problems the trial courts experience in calendaring and hearing the many motions for summary judgment.  However, the solution to these problems cannot rest in a refusal to hear timely motions.” (Id., at p. 530.)

Discussion

Here, upon learning of possible grounds for summary judgment, Defendant reserved a hearing for the first available hearing date on the Court’s calendar, August 2, 2022.  (Sverdlov Decl. ¶¶ 4-5; Exh. A.)  Trial is currently set for March 2, 2023, which is five months before the hearing on the motion for summary judgment.  In light of Wills Fargo and Sentry Insurance Company, the Court grants a continuance.

Conclusion

Accordingly, Defendant’s motion to continue trial is granted.

Trial is continued to __________, 2023.  All trial related dates will be continued consistent with the new trial date including all discovery deadlines.

Moving party is ordered to give notice.