Judge: William A. Crowfoot, Case: 23AHCV00217, Date: 2025-05-23 Tentative Ruling


Case Number: 23AHCV00217    Hearing Date: May 23, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

RAUL CARRERA ALMARAZ,

                    Plaintiff(s),

          vs.

 

DL POULTRY, INC., et al.

 

                    Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO.: 23AHCV00217

 

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO CONTINUE TRIAL

 

Dept. 3

8:30 a.m.

May 23, 2025

 

I.            INTRODUCTION

On January 30, 2023, plaintiff Raul Carrera Almaraz (“Plaintiff”) filed this action against defendants L&Y Food, Inc., Rachel Liang-Tan, Lotus Plus, Inc., JRC Culinary Group Inc., Rivera Food Service, Inc., Durfee Poultry, Inc., Farmers Process Inc., A1 Meat Solutions, Inc., Fu Qian Chen Lu, Ryan Zhong Lu, Cameron Zhong Lu, Jun Yuan Liang, and Bruce Shu Hua Lok (collectively, “Defendants”). Trial is currently scheduled for August 4, 2025. Defendants seek an order continuing the trial date to November 10, 2025, or a later date consistent with the Court’s trial calendar. The motion is unopposed. 

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.)

III.        DISCUSSION

Defendants request a continuance of the trial date so that their motion for summary judgment/adjudication may be heard. At the time the motion was filed, the earliest hearing date was July 29, 2025, which is less than 30 days before the scheduled trial date. Defendants request, in the alternative, that the Court advance the hearing date to July 7, 2025, or an earlier date consistent with the Court’s motion trial.

A trial court cannot refuse to consider a motion for summary judgment that is timely filed. (Cole v. Superior Court (2022) 87 Cal.App.5th 85, 88.) Therefore, Defendants’ unopposed motion is GRANTED.

IV.        CONCLUSION

Defendants’ motion is GRANTED. Trial is continued from August 4, 2025 to ____________________________ at 8:30 a.m. in Department 3. The final status conference is continued from July 10, 2025 to ___________________________ at 9:30 a.m. in Department 3. All pretrial deadlines including discovery and motion cut-off dates are to be based on the new trial date.  

Moving party to give notice.

Dated this 23rd day of May 2025

 

 

 

 

      William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.

 




Website by Triangulus