Judge: Steven A. Ellis, Case: 21STCV22855, Date: 2023-08-28 Tentative Ruling

Case Number: 21STCV22855    Hearing Date: January 25, 2024    Dept: 29

Tentative

The hearing on Defendant’s motion for summary judgment is continued for approximately 75 days.

Discussion

Plaintiff Maria Cervantes Reyes (“Plaintiff”) alleges that she “slipped and fell” inside a supermarket operated by Vallarta Food Enterprises Inc. (“Defendant”) on July 8, 2019, in Bakersfield, California. (Complaint, p. 4.) Plaintiff filed the Complaint in this action on June 18, 2021, asserting causes of action for (1) general negligence and (2) premises liability against Defendant and Does 1 through 30. Defendant filed its answer on August 13, 2021.

On August 26, 2022, Defendant filed the instant Motion for Summary Judgment. Plaintiff filed an Opposition and objections on August 14, 2023. Defendant filed a reply and objections on August 23, 2023.

On August 28, 2023, the Court heard from the parties and continued the summary judgment hearing to October 19 so that Plaintiff could take and complete the deposition of Defendant’s person most qualified (“PMQ”) on a number of topics related to the case and the pending motion.

On October 3, 2023, Defendant produced a PMQ witness who was not properly prepared on the key topic. On October 19, 2023, the Court continued the hearing again, this time to December 15, so that Plaintiff could take and complete the deposition of a properly prepared PMQ.

Based on a stipulation of the parties, the Court subsequently continued the hearing to January 25, 2024.

In the interim, the Court, on December 14, granted the request of the parties to participate in a Mandatory Settlement Conference with the Resolve Law LA Virtual MSC Program.

On January 12, 2024, Plaintiff’s counsel submitted a declaration stating that neither the Mandatory Settlement Conference nor the deposition of the PMQ has occurred. Plaintiff requests a further continuance.

Defendant has not filed submitted any further papers.

Based upon the foregoing, the Court CONTINUES the hearing on Defendant’s summary judgment motion for approximately 75 days, to a date convenient for counsel and the Court.

Hearing on Motion for Summary Judgment is continued to 04/10/2024 at 01:30 PM in
Department 29 at Spring Street Courthouse. 

Plaintiff may file a supplemental opposition and Defendant may file a supplemental reply.  Both of these filings are due pursuant to Code with reference to the new hearing date.

Defendant is ordered to give notice.