SUSAN FINSTER VS RALPHS GROCERY COMPANY

Tentative Rulings

Case Number: BC670371    Hearing Date: February 24, 2020    Dept: 29

Motion to Continue Trial filed by Defendant Hughes Markets, Inc. dba Ralphs (erroneously sued as Ralphs Grocery Company) is DENIED. Cal. Rule of Ct. Rule 3.1332.

“The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” Cal. Rule of Ct. Rule 3.1332. Here, good cause has not been shown. The case was filed on 7/28/2017. Trial was originally set for 1/28/2019; the court has granted four continuances. Trial is now set for April 1, 2020, which is two years and eight months after the case was filed.

The parties seek a continuance so that they can participate in mediation. The mediation is scheduled for March 18, 2020, which is before the trial date. The parties seek to avoid further litigation expenses while exploring settlement options.

The desire to avoid litigation expenses while attempting to settle the case does not provide good cause for a continuance. The parties must diligently prepare for trial, including completion of expert discovery, even if they are hopeful that the case will settle. If the parties had wished to mediate before incurring the costs of expert discovery, the parties should have scheduled the mediation far in advance of the trial date.

In the complaint, Plaintiff alleges that she slipped and fell in Defendant’s supermarket, and asserts claims for negligence and premises liability. There is nothing in the record that indicates that there are any complex legal or factual issues that would give rise to the need for an extended time to prepare for trial.

The Court has considered these and other factors in the current and prior ex parte papers and elsewhere in the record and, in the exercise of its discretion, concludes that a trial continuance is not warranted.

Moving party is ordered to give notice.

Case Number: BC670371    Hearing Date: October 30, 2019    Dept: 2

Finster  vs.  Ralphs Grocery Company

Defendant's Motion to Continue Trial, filed on 10/07/2019 is GRANTED.

The unavailability of trial counsel because of illness warrants this trial continuance. The Court notes that the moving party states that it is unknown whether Mr. D'Oro will be returning full time after recovery.  The parties should not expect the Court to grant further continuances based on Mr. D'Oro's inability to return to work.  Rather, the Court is granting the continuance so that new counsel can get up to speed in the event that Mr. D'Oro's condition prohibits his return to work.

The Court sets the following dates:

FSC:  March 17, 2020

Trial:  April 1, 2020

The motion and discovery cut-offs will be calculated by reference to the new trial date.

The Moving Party is ordered to give notice.

Case Number: BC670371    Hearing Date: October 29, 2019    Dept: 2

Finster v. Ralphs Grocery Store

Defendant's Motion to Continue Trial, filed on 10/7/2019 is GRANTED.

The unavailability of trial counsel because of illness warrants this trial continuance. The Court notes that the moving party states that it is unknown whether Mr. D'Oro will be returning full time after recovery.  The parties should not expect the Court to grant further continuances based on Mr. D'Oro's inability to return to work.  Rather, the Court is granting the continuance so that new counsel can get up to speed in the event that Mr. D'Oro's condition prohibits his return to work.

The Court sets the following dates:

FSC:  March 17, 2020

Trial:  April 1, 2020