Judge Steven A. Ellis, Case Number: 21STCV45035, Date: 2023-12-07 Tentative Ruling

Judge: Steven A. Ellis, Case: 21STCV45035, Date: 2023-12-07 Tentative Ruling

Case Number: 21STCV45035 Hearing Date: December 7, 2023 Dept: 29

Tentative

The motion to advance hearing for summary judgment is DENIED.

The motion to continue trial is GRANTED.

Background

This arises from a slip and fall that occurred on May 30, 2020.

On December 9, 2021, Plaintiff Kelly Ray Skinner (“Plaintiff”) filed her complaint against Defendant Trader Joe’s East Inc. (“Defendant”), asserting causes of action for (1) Premise Liability and (2) General Negligence.

On October 13, 2023, Defendant filed a motion for summary judgment, with hearing date set for November 7, 2024, after the current trial date of February 7, 2024. (Declaration of Kristin A Mathis, ¶ 2.)

On October 16, 2023, Defendant filed this motion to advance the date for summary judgment or in the alternative, continue the trial.

Legal Standard

Code Civ. Proc. § 128(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.)

Each request for a continuance must be considered on its own merits according to California Rules of Court, Rule 3.1332(c). The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (Cal. Rules of Court, Rule 3.1332(c).) California Rules of Court, Rule 3.1332 sets forth a list of non-exhaustive factors to be analyzed when determining whether good cause for a trial continuance is present. A court considers factors such as: (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 prejudice that parties or witnesses will suffer as a result of the continuance; and (4) any other fact or circumstance relevant to the fair determination of the motion or application. (Cal. Rules of Court, Rule 3.1332(d).)

“The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.” (CCP § 437c(a)(3).)

Discussion

Defendant contends good cause exists to advance the hearing date for the motion for summary judgment, as it would not be head before the trial date. (Declaration of Kristin A. Mathis, ¶ 2.) With the trial date currently set for February 7, 2024, thirty days before would be January 8, 2024. Due to the Court impacted calendar and to give time to Plaintiff to possibly respond to the summary judgment motion, the Court cannot advance the motion for summary judgment.

Therefore, the Court DENIES Defendant’s motion to advance the hearing for summary judgment.

Defendant contends there is good cause to continue the trial date so the motion for summary judgment may be heard thirty (30) days before trial. (Id.) Defendant contends there has only been one continuance in this matter by stipulation. (Motion, 7:16-17.) Plaintiff has filed no opposition, and so there is nothing in the record to indicate that the requested continuance would unduly prejudice Plaintiff.

The Court finds that Defendant has established good cause for continuing trial, as Defendant timely filed its motion for summary judgment, but the motion cannot be heard until after the current trial date.

Therefore, the Court GRANTS the motion to continue trial.

Conclusion

The Court DENIES the motion to advance the hearing for Defendant’s motion for summary judgment. The Court GRANTS the motion to continue trial to at least 30 days after the hearing for the motion for summary judgment set for November 7, 2024. Trial is continued to late December 2024. The Final Status Conference and all deadlines are reset based on the new trial date.

Defendant is ORDERED to give notice.