Case Number: BC618102 Hearing Date: January 16, 2018 Dept: 93

MOVING PARTY: Defendant Mariposa Capital, LLC

RESPONDING PARTY: Plaintiff Jose H. Monterroza

Motion to Continue Trial and all Related Dates

The court considered the motion and opposition papers.

BACKGROUND

On April 22, 2016, plaintiff Joseph H. Monterroza filed a complaint against defendants Mariposa Capital Management, LLC, Mariposa Capitial LLC, Crisette, LLC, Oscar Morales, Alonso Magallanes, Vision Real Estate, and Option One Realty and Investments for negligence and strict liability based on an incident that occurred on May 8, 2014. Plaintiff alleges was attacked by two vicious guard dogs, which were owned, maintained, or controlled by defendants. The dogs were housed or kept at the real property at 10615 Anzac Avenue, Los Angeles.

On August 21, 2017, the court granted Mariposa Capital Management, LLC’s motion to continue the October 23, 2017 trial date because it had not been served with the summons and complaint until March 23, 2017, and had been unable to obtain all necessary discovery.

Trial is set for April 10, 2018.

LEGAL STANDARD

Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

Under CRC Rule 3.1332(c), “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. DISCUSSION

Defendant Mariposa Capital LLC requests that the court continue the trial date of April 10, 2018, until after such time as their summary judgment may be heard. Defendant contends that it reserved the earliest available hearing date on May 31, 2018, which is after the currently-scheduled trial date.

There has been one other continuance.

“A trial court may not refuse to hear a summary judgment motion filed within the time limits of Section 437c . . . . Local rules and practices may not be applied so as to prevent the filing and hearing of such a motion.” Sentry Ins. Co. v. Superior Court (1989) 207 Cal. App. 3d 526; Wells Fargo Bank v. Superior Court (1989) 206 Cal. App. 3d 918.

The court finds that defendant has shown good cause. The motion is therefore GRANTED.

The court orders that trial is continued from April 10, 2018 to July 10, 2018, at 8:30 a.m., in Department 93. The Final Status Conference is continued from March 27, 2018 to June 27, 2018 at 10:00 a.m., in Department 93. Discovery cut-off (including expert witness exchange) and motion cut-off dates shall be based on the new trial date.

Moving defendant is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED: January 16, 2018

_____________________________

Dennis J. Landin

Judge of the Superior Court