Judge: Steven A. Ellis, Case: 19STCV40807, Date: 2024-12-13 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV40807    Hearing Date: December 13, 2024    Dept: 29

Streeter v. McCormick Ambulance
19STCV40807
Defendant’s Motion to Specially Set Hearing on Motion for Summary Judgment

Tentative

The Court will call this matter.

Background

On November 13, 2019, Eddie Streeter (“Plaintiff”) filed a complaint against McCormick Ambulance, John Doe 1, and John Doe 2 for (1) assault, (2) battery, (3) intentional infliction of emotional distress, (4) negligence, and (5) negligent hiring, supervision, and retention causes of action arising out of altercation outside of an emergency room on November 15, 2017.

On January 25, 2022, Default was entered against McCormick Ambulance. A stipulation to set aside default was filed on May 24, 2023.

On January 27, 2023, WestMed Ambulance, Inc. dba McCormick Ambulance (“Defendant”) filed its answer.

On April 12, 2023, Plaintiff added Erik Bell as Doe 1 and Stephen Jones as Doe 2. On December 14, 2023, Erik Bell filed an answer. On June 18, 2024, Stephen Jones filed an answer.

On October 16, 2024, Defendant filed its motion for summary judgment set for June 20, 2025.

On November 8, 2024, Defendant filed its motion to continue trial or in the alternative, to specially set the motion for summary judgment hearing. Plaintiff filed an opposition on December 2, 2024. Defendant filed a reply on December 6, 2024.

Legal Standard

Code of Civil Procedure section 128, subdivision (a)(8), provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color-Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide latitude in the matter of calendar control including the granting or denying of continuances.” (Park Motors, Inc. v. Cozens (1975) 49 Cal.App.3d 12, 18.) 

“A trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.” (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529; accord Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88.)

Discussion

Defendant requests the Court to specially set the motion for summary judgment before the February 3, 2025 trial date.  Defendant filed the motion on October 16, 2024, and reserved the first available hearing date, which was in June 2025.  (Miretsky Decl., ¶ 11.)

Defendant has a right to have its summary judgment motion heard before trial.  (Sentry Ins. Co., supra, 207 Cal.App.3d at p. 529.) 

The Court has no summary judgment hearing dates available prior to the trial date.   

Accordingly, the Court is prepared to continue the trial to a date after the summary judgment hearing date.

The Court will call this matter to discuss two issues with counsel: (1) the application of the five-year rule to bring this case to trial (extended by Emergency Rule 10); and (2) scheduling trial on a date that is convenient to all.

Conclusion

The Court will call this matter.

Moving Party is ORDERED to give notice.