Motion to Continue Trial
34-2022-00329635-CU-BC-GDS: Ashley Loza vs. American Honda Motor Co., Inc., 03/07/2025 Hearing on Motion to Continue Trial in Department 47
Tentative Ruling
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The motion of Defendant American Honda Motor Co., Inc. (Defendant) motion to continue trial is ruled on as follows.
A motion to continue trial must be supported by a declaration showing good cause for a continuance. (Cal. Rules of Court, rule 3.1332(b).)
Trial is currently scheduled for May 19, 2025. On January 23, 2025, Defendant filed a motion for summary adjudication, which is currently scheduled for hearing on June 5, 2025. Defendant argues there is good cause for a continuance because its motion for summary adjudication is scheduled for hearing after trial.
The desire to have a motion for summary adjudication (MSA) heard before trial is good cause for a continuance when the party seeking a continuance filed a timely MSA and the Court was unable to provide a hearing date within the deadline for hearing such a motion. (Cole v. Superior Court (2022) 87 Cal.Ap.5th 84.) However, there is no good cause for a continuance when a party requests a specified date for hearing that falls outside the statutory timeline. Defendant failed to provide a declaration indicating why the hearing on its MSA was scheduled for June 5, 2025. Accordingly, Defendant has failed to make a factual showing of good cause.
The Court notes this hearing was set on shortened time and that Defendant filed a declaration in support of the ex parte application. It is unclear why Defendant did not file a similar declaration in support of this motion. In the interests of judicial economy, the Court will continue the hearing
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34-2022-00329635-CU-BC-GDS: Ashley Loza vs. American Honda Motor Co., Inc., 03/07/2025 Hearing on Motion to Continue Trial in Department 47
to permit Defendant to file a supplemental declaration.
The hearing is CONTINUED to March 28, 2025 at 9:30 a.m. in Department 47. Defendant may file supplemental papers on or before March 12, 2025. Any party may file an opposition on or before March 19, 2025. No further reply is allowed.
This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.
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