Motion to Continue Trial
34-2022-00329635-CU-BC-GDS: Ashley Loza vs. American Honda Motor Co., Inc., 03/28/2025 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.
This matter was previously scheduled for hearing on March 7, 2025. The Court continued the hearing and granted Defendant leave to file a supplemental declaration. (Minute Order, 03/07/2025.) Defendant submitted a supplemental declaration on March 12, 2025. No party filed an opposition.
The Court finds good cause for a continuance because Defendant timely filed a motion for summary adjudication but was unable to obtain a hearing date that complies with Code of Civil Procedure § 437c due to the Courts calendar. The desire to file a dispositive motion is good cause for a continuance where a party has been deprived of the statutory right to file a motion by court rules. (See, Polibrid Coatings, Inc. v. Superior Court (2003) 112 Cal.App.4th 920.)
The April 7, 2025 MSC and May 19, 2025 trial dates are VACATED. Defendant proposes a continuance of 90 days and requests trial be scheduled for August 19, 2025.
Plaintiffs failed to comply with Local Rule 2.11, which requires all parties to provide their availability for trial when a motion to continue trial is pending, regardless of whether the motion is opposed. As there is no evidence of a potential conflict, the Court will set trial on the proposed date.
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34-2022-00329635-CU-BC-GDS: Ashley Loza vs. American Honda Motor Co., Inc., 03/28/2025 Hearing on Motion to Continue Trial in Department 47
Trial is scheduled for August 19, 2025 at 8:30 a.m. in Department 47. A mandatory settlement conference is scheduled for July 21, 2025 at 1:30 9.m. in Department 59. All statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.
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.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 68086 and California Rules of Court, rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.
If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.