Judge: Steven A. Ellis, Case: 20STCV40751, Date: 2025-04-07 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: 20STCV40751    Hearing Date: April 7, 2025    Dept: 29

Northup v. Doublz Restaurants, LLC
20STCV40751
Motion to Advance Trial Date filed by Plaintiff Gloria Northup.

Tentative

The motion is denied.

Background

On October 23, 2020, Gloria Marie Northup (“Plaintiff”) filed a complaint against Doublz Restaurants, LLC, PPP Management Group Inc. (collectively “Defendants”), and Does 1 through 50, asserting causes of action for general negligence and premises liability arising out of a slip and fall occurring on December 13, 2018.

On January 20, 2023, default was entered against each of the Defendants.

On August 30, 2023, default judgment was entered against each of the Defendants.

On June 10, 2024, the Court, on Defendants’ motion, set aside the defaults and the judgments.

On August 27, 2024, each of the Defendants filed an answer.

On January 14, 2025, Plaintiff amended the complaint to name Doublz Lap Inc. (“DLI”) as Doe 1.

Also on January 14, 2025, the Court set the case for trial on February 10, 2026.

On March 24, 2025, DLI filed an answer.

On March 6, 2025, Plaintiff filed this motion to advance the trial date.  DLI filed an opposition on March 24, and Plaintiff filed a reply on March 26.

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.) 

“To ensure the prompt disposition of civil cases, the dates assigned for trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  (Cal. Rules of Court, rule 3.1332(a).)

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.”  (Cal. Rules of Court, rule 3.1332(c).)  “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  (Ibid.)  Circumstances that may support a finding of good cause include: 

“(1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; 

(2) The unavailability of a party because of death, illness, or other excusable circumstances; 

(3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; 

(4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; 

(5) The addition of a new party if: (A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or (B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case; 

(6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or 

(7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” 

(Cal. Rules of Court, rule 3.1332(c).) 

“In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination.”  (Cal. Rules of Court, rule 3.1332(d).)  California Rules of Court, rule 3.1332(d) sets forth a non-exhaustive list of factors that the court may consider: 

“(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.” 

(Cal. Rules of Court, rule 3.1332(d).)

Discussion

Plaintiff brings this motion to advance the trial date.  The motion is denied for both procedural and substantive reasons.

Procedurally, the motion does not satisfy the requirement of Code of Civil Procedure section 1010 that “the notice of a motion … must state … the grounds upon which it will be made.”  This requirement “is for the benefit of the party upon whom the notice is served, to make him or her aware of the issues to be raised in the motion.” (Golf & Tennis Pro Shop, Inc. v. Super. Ct. (2022) 84 Cal.App.5th 127, 137.)  Here, Plaintiff references California Rule of Court, rule 375(b), but no such rule exists. In 2007, former California Rule of Court 375 was renumbered as rule 3.1332; that rule (quoted extensively above) governs requests to continue trial.

Substantively, Plaintiff expresses a concern that a February 2026 trial date would run afoul of Code of Civil Procedure section 583.310, which requires that actions must be brought to trial within five years after the action is commenced.  As this action was filed on October 23, 2020, Plaintiff seeks a trial date on or before October 23, 2025.

Code of Civil Procedure section 583.340, subdivision (c), provides that in computing the five-year period to bring an action to trial, a court must exclude the time during which “[b]ringing the action to trial … was impossible, impracticable, or futile.”  As our Supreme Court has explained, that includes the time during which “a default judgment has been entered in favor of the plaintiff, effectively bringing the litigation to a standstill.”  (Howard v. Thrifty Drug & Discount Stores (1995) 10 Cal.4th 424, 438.)

In this matter, default judgments were entered on August 30, 2023, and were vacated by court order on June 10, 2024.  For that period of nine months and eleven days, it was impossible, impracticable, or futile to bring the action to trial.  (Code Civ. Proc., § 583.340, subd. (c).)  Accordingly, the mandatory time to bring the action to trial under section 583.310 will not expire prior to the current trial date on February 10, 2026.

The motion to advance the trial date is denied.

Conclusion

The Court DENIES Plaintiff’s motion to advance the trial date.