Judge: Steven A. Ellis, Case: 20STCV09206, Date: 2024-12-02 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: 20STCV09206    Hearing Date: December 2, 2024    Dept: 29

Montoya v. Perez
20STCV09206
Defendant’s Motion to Continue Trial

Tentative

The motion is granted.

Background

On March 5, 2020, Plaintiff Juana Montoya (Plaintiff) filed a Complaint against Defendant Cynthia Perez (Perez) and Does 1 through 20 asserting causes of action for: (1) Negligence and (2) Strict Liability (Dog Bite).

On April 8, 2020, Defendant Perez filed an answer to the complaint.

On March 26, 2021, Plaintiff amended the complaint to name Ernest Amezcua as Doe 1.  The Court dismissed this defendant on March 6, 2023.

On March 17, 2022, Plaintiff amended the complaint to name Ernest R. Amezcua as Trustee of the Amezcua Rudolph A Living Trust as Doe 2. The Court dismissed this defendant on March 6, 2023.

On February 3, 2023, Plaintiff amended the complaint to name Carolyn Sanchez Trustee of the Ernest Amezcua Special Needs Trust dated December 31, 1996 (Sanchez) as Doe 3.

On May 25, 2023, Defendant Sanchez filed an answer to the complaint.

On October 21, 2024, Sanchez filed a motion for summary judgment. The motion is set for hearing on June 23, 2025.

Trial is scheduled for February 5, 2025.

On November 1, 2024, Sanchez filed this Motion to Continue Trial.

No opposition has been filed.

Legal Standard

Per California Rules of Court (CRC), rule 3.1332, subdivision (c): the court may grant a continuance for “good cause,” which includes: (1) unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) unavailability of a party due to death, illness, or other excusable circumstances; (3) unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) substitution of trial counsel required in the interests of justice; (5) addition of a new party or other parties in regard to a new party’s involvement hasn’t had a reasonable opportunity to conduct discovery and prepare for trial; (6) party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) significant, unanticipated change in the status of the case as a result of which indicates the case is not ready for trial. (CRC Rule 3.1332(c).)

Other relevant factors to be considered 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” (CRC Rule 3.1332(d).)

Discussion

Here, Defendant Sanchez moves for an order continuing the current trial date and all related dates including the final status conference to a date no less than 30 days after June 23, 2025. Sanchez has a motion for summary judgment set for hearing on June 23, 2025.

The Court finds that good cause exists to continue the current trial date. A motion for summary judgment must be heard no later than 30 days before trial. (Code Civ. Proc., § 437c(a)(3).) The current trial date is set for February 5, 2025, which is three months before the summary judgment motion is set to be heard by the Court. Sanchez reserved the summary judgment motion for the first available date in accordance with Los Angeles Superior Court’s Eighth Amended Order. (Karayan Decl., ¶¶5-6, 8-9.) Sanchez has a right to have the timely filed summary judgment motion heard before trial.

Conclusion

The Court GRANTS Defendant Sanchez’s motion to continue trial.

The Court CONTINUES trial to a date on or after July 29, 2025. The Final Status Conference and all discovery deadlines are reset based on the new trial date.

The Court ADVISES all parties to treat the new trial date as FIRM. Further requests for a continuance will be viewed with disfavor.

Moving party is ordered to give notice.