Judge: Steven A. Ellis, Case: 22STCV38942, Date: 2024-09-26 Tentative Ruling

Case Number: 22STCV38942    Hearing Date: September 26, 2024    Dept: 29

Houchins v. City of Los Angeles
22STCV38942
Defendant’s Motion to Continue Trial

Tentative

The motion is granted in part and denied in part.

Background

On December 14, 2022, Jernetta Houchins, both individually and as successor in interest of Auzie Houchins (“Plaintiff”), filed a complaint City of Los Angeles (“City”), Tammy Houchins, Doe Officers 1 through 25, and Does 26 through 100.  In the complaint, Plaintiff asserts causes of action for (1) negligence, (2) dangerous condition of government property, (3) wrongful death, (4) trespass, (5) public nuisance, (6) private nuisance, (7) violation of the Bane Civil Rights Act, (8) survival action, and (9) declaratory relief, all arising out of an incident in which, Plaintiff alleges, the Los Angeles Police Department set off illegal fireworks on June 30, 2021, destroying Auzie Houchins’ home and causing injuries to him. (Complaint, ¶ 1.)

On March 3, 2023, Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) negligence, (2) dangerous condition of government property, (3) wrongful death, (4) public nuisance, (5) private nuisance, (6) survival action, and (7) declaratory relief.

On April 20, 2023, City filed an answer.

On August 28, 2024, City filed a motion for summary judgment.  The hearing is scheduled for June 4, 2025.

On August 28, 2024, City also filed this motion to continue trial. No opposition has been filed.

The current trial date is December 13, 2024.

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).)

“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

City filed a motion for summary judgment and set the hearing on the earliest available date, which was June 4, 2025.  (Lundh Decl., ¶ 6.)  Trial is currently set for December 13, 2024.  City seeks a continuance of trial and/or an advancement of the hearing date on its summary judgment motion.

No opposition has been filed.

The Court finds that good cause has been shown to continue trial.  City has a right to have its timely filed summary judgment motion heard before trial.

The Court finds that good cause has not been shown to advance the hearing date. 

Conclusion

The Court GRANTS the request to continue trial and DENIES the request to advance the hearing date.

The trial is continued to a date on or after July 7, 2025.  The Final Status Conference and all deadlines are reset based on the new trial date.

Moving Party is ordered to give notice.