Judge: Steven A. Ellis, Case: 22STCV15175, Date: 2023-08-24 Tentative Ruling

Case Number: 22STCV15175    Hearing Date: August 24, 2023    Dept: 29

TENTATIVE

Defendant’s Motion to Continue Trial is GRANTED.

Background

This action arises out of an alleged trip and fall suffered by Alexander Garcia Jr. (“Plaintiff”) while walking down a sidewalk. Plaintiff filed a Complaint on May 6, 2022 alleging causes of action for General Negligence and Premises against several defendants, including the City of San Fernando (“Defendant”). Defendant filed a Motion to Continue Trial on July 27, 2023. No party has opposed the motion.  

Discussion

California Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (Id., Rule 3.1332(c).)¿¿¿

The court may also consider the following factors: “(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 3.1332(d).)¿¿ ¿

Discussion

Defendant filed a Motion for Summary Judgment on July 19, 2023. Due to the impacted calendar of the departments in the Personal Injury Hub, the hearing was set on October 22, 2024, well after the current trial date of November 3, 2023.

Under the case law, Defendant has a right to have its timely filed motion for summary judgment heard. (Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88; Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529-530.) Accordingly, the Court finds good cause for the requested continuance of trial until after the hearing on Defendant’s summary judgment motion.        

Conclusion

Defendant’s Motion to Continue Trial is GRANTED. Trial is continued to mid December 2024. Final Status Conference and all deadlines are reset based on new trial date.

Final Status Conference is continued to 12/02/2024 at 10:00 AM in Department 29 at Spring
Street Courthouse. Non-Jury Trial is continued to 12/16/2024 at 08:30 AM in Department 29 at
Spring Street Courthouse.
 

Moving party is ordered to give notice.