Judge: William A. Crowfoot, Case: 20STCV40930, Date: 2022-10-28 Tentative Ruling

Case Number: 20STCV40930    Hearing Date: October 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On October 26, 2020, plaintiff Albert Gutierrez (“Plaintiff”) filed this action against defendant Lina Jeanne Osorio (“Defendant”), individually and as the trustee of the Linda Jeanne Osorio Living Trust dated February 08, 2007 (“Trust”).  Plaintiff also named Arthur Osorio as a defendant.  Plaintiff alleges that on July 89, 2020, he was attacked by a pit bull named Duchess. 

Trial is currently scheduled for December 20, 2022.  On September 29, 2022, Defendant filed this motion for an order continuing the trial date to October 11, 2023 or sometime thereafter so that a summary judgment motion can be heard.  The motion is unopposed.  Defendant does not ask to continue the discovery or motion cutoff dates. 

II.          LEGAL STANDARD

Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are thus generally disfavored. (See id. rule 3.1332(b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause. (Cal. Rules of Court, rule 3.1332(c); Hernandez, supra, 115 Cal.App.4th at 1246.) Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) the unavailability of a party due to death, illness, or other excusable circumstances; (3) the unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) the substitution of trial counsel 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).)

The court must also consider such relevant factors as: (1) the proximity of the trial date; (2) whether there was any previous continuance, extension of time, or delay of trial caused by 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. (Id., rule 3.1332(d).)

III.        DISCUSSION

Amy L. Powers, counsel for Defendant, declares that on September 7, 2022, her office reserved the earliest date for a summary judgment hearing, which was October 10, 2023.  The motion was timely served and filed on September 28, 2022. 

Given Defendant’s pending motion for summary judgment, the Court finds good cause to continue the trial date. 

IV.         CONCLUSION

Defendant’s motion is GRANTED.  Trial is continued from December 20, 2022 to November 7, 2023 at 8:30 a.m. in Department 27.  The final status conference is continued from December 6, 2022 to October 24, 2023 at 10:00 a.m. in Department 27. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that 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 matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.