Judge: Steven A. Ellis, Case: 20STCV13180, Date: 2023-07-20 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: 20STCV13180 Hearing Date: July 20, 2023 Dept: 29
TENTATIVE
The Court GRANTS Defendants’ motion to continue trial.
Legal Standard
A motion for summary judgment “shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise.” (Code Civ. Proc. § 437c(a)(3).) “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
Defendants reserved a hearing date for their motion for summary judgment more than a year ago, in March 2022. (Lee-Germain Decl., ¶¶ 3-4.) At that time, the earliest available hearing date was on September 19, 2023, and Defendants reserved that date. (Ibid.) The Court subsequently moved the hearing to September 20, 2023. (Reply, p. 2, fn. 1.) Defendants have continued to check the court reservation system, but no earlier date has opened. (Lee-German Decl., ¶ 5.)
Defendants now seek a brief continuance of the trial date so that their motion for summary judgment may be heard at least 30 days before trial. Plaintiff has filed no opposition. The Court finds good cause for the requested relief and grants the motion to continue trial.
Conclusion
The Court GRANTS Defendant’s motion. Trial is continued for 14 days. The Final Status Conference and all deadlines are reset based on the new trial date.
Final Status Conference is continued to 10/10/2023 at 10:00 AM in Department 29 at Spring
Street Courthouse. Non-Jury Trial is continued to 10/24/2023 at 08:30 AM in Department 29 at
Spring Street Courthouse.
Moving parties to give notice.