Judge: Serena R. Murillo, Case: 21STCV40955, Date: 2023-01-13 Tentative Ruling

Case Number: 21STCV40955    Hearing Date: January 13, 2023    Dept: 29

TENTATIVE

The unopposed motion to continue trial is GRANTED. Trial is continued to May 7, 2024. All discovery and motion cut-off dates shall be based on the new trial date.

Legal Standard

Irrespective of whether it is contested, a party seeking a continuance of the trial date must do so upon noticed motion or ex parte application.  (Cal. Rules of Court, Rule 3.1332(b).)   

Although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.  (Id., Rule 3.1332(c).)   

Other relevant considerations may include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previous continuance, extension of time, or delay 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 or application for a continuance; [¶] (5) The prejudice that parties or witnesses will suffer as a result of the continuance; [¶] (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; [¶] (7) The court's calendar and the impact of granting a continuance on other pending trials; [¶] (8) Whether trial counsel is engaged in another trial; [¶] (9) Whether all parties have stipulated to a continuance; [¶] (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and [¶] (11) Any other fact or circumstance relevant to the fair determination of the motion or application.”  (Id., Rule 3.1332(d).) 

Discussion

Defendant moves to continue trial, arguing there is good cause because due to the Court’s impacted law and motion calendar, the earliest available date for Defendant’s timely filed motion for summary judgment to be heard is March 5, 2024, after the current trial date of May 5, 2023.

It is well established that a court may not refuse to hear a summary judgment motion that is timely filed.¿ (Wells Fargo Bank v. Superior Court¿(1988) 206 Cal.App.3d 918, 919¿[“We are asked to determine whether the trial court may refuse to hear a summary judgment motion filed within the time limits of Code of Civil Procedure section 437c.¿We determine it may not”]; Sentry Ins. Co. v. Superior Court¿(1989) 207 Cal.App.3d 526, 530¿[“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.”].)¿¿¿¿As such, the Court finds there is good cause for a trial continuance so that Defendant’s motion for summary judgment, which was timely filed, could be heard. Moreover, it does not appear that a trial continuance would prejudice Plaintiff, and she has not filed an opposition contending otherwise. Thus, the motion is granted. Trial is continued to May 7, 2024.

Conclusion

Accordingly, the unopposed motion to continue trial is GRANTED. Trial is continued to May 7, 2024. All discovery and motion cut-off dates shall be based on the new trial date.

Moving party is ordered to give notice.