Judge: William A. Crowfoot, Case: 21STCV10339, Date: 2023-01-05 Tentative Ruling

Case Number: 21STCV10339    Hearing Date: January 5, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

IGNACIO PENA RAMOS,

                   Plaintiff,

          vs.

 

GMCND, Inc. dba LA PLACITA MARKET; SHARMEEN’S ENTERPRISES, INC.; HENRY AND SARA ROSE, LLC; Does 1 through 50,

 

                   Defendants.

 

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CASE NO.: 21STCV10339

 

[TENTATIVE] ORDER RE: DEFENDANT GMCND, INC.’S MOTION TO CONTINUE TRIAL

 

Dept. 27

1:30 p.m.

January 5, 2023

 

And related cross-actions.

 

 

          On March 17, 2021, Ignacio Pena (“Plaintiff”) filed this action against GMCND, Inc. (“Defendant”) for injuries sustained during a physical attack on Plaintiff at Defendant’s property.

While conducting discovery, Defendant became aware of legal bases for summary judgment and reserved the earliest date for a hearing with the Court.  However, the earliest date available is December 14, 2023, approximately nine months after the current trial date of March 16, 2023.

Defendant filed this motion to continue trial on December 6, 2022, requesting the Court continue trial to January 15, 2024.  In the alternative, Defendant requests a hearing date for the motion for summary judgment within 30 days of March 16, 2023. 

          Continue Trial

In Wells Fargo Bank v. Superior Court, the Court of Appeal held that a trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.  (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918. 919.)  Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion.  (Ibid.; Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529.)  “We are sympathetic to the problems the trial courts experience in calendaring and hearing the many motions for summary judgment. However, the solution to these problems cannot rest in a refusal to hear timely motions.” (Id., at p. 530.)

In light of the above authority and lack of opposition to this motion, Defendant’s motion to continue trial is GRANTED.  However, the requested trial date of January 15, 2024 is a court holiday and the first available date after January 15, 2024 is January 17, 2024. 

Accordingly, trial is continued to January 17, 2024.  The final status conference is continued to January 3, 2024.  All trial related dates will be continued consistent with the new trial date including all discovery deadlines.

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.