Judge: Anne Hwang, Case: 21STCV12015, Date: 2024-04-17 Tentative Ruling

Case Number: 21STCV12015    Hearing Date: April 24, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

This action stems from a motor vehicle accident. Defendant Eddie Weitzer (“Defendant”) now moves to continue trial and all related dates to October 22, 2024. No opposition has been filed.

BACKGROUND

            The complaint was filed on March 29, 2021. Trial was set for September 26, 2022.

            At the final status conference, seeing that Defendant was not served, the trial date was vacated. (Min. Order, 9/12/22.)

            Defendant’s answer was filed on May 15, 2023.  

            After Defendant’s answer was filed, trial was set for May 22, 2024. (Min. Order, 5/16/23.)  

ANALYSIS

Legal Standard

 “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial. 

“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.” (Cal. Rules of Court, rule 3.1332(a).)

“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.” (Cal. Rules of Court, rule 3.1332(b).)

“Although 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. Circumstances that may indicate good cause include:

(1)   The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;

(2)   The unavailability of a party because of death, illness, or other excusable circumstances;

(3)   The unavailability of trial counsel because of death, illness, or other excusable circumstances;

(4)   The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;

(5)   The addition of a new party if:

(A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or

(B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party’s involvement in the case;

(6)   A party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or

(7)   A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.”

(Cal. Rules of Court, rule 3.1332(c).)

“In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include:

(1)   The proximity of the trial date;

(2)   Whether there was any previous continuance, extension of time, or delay of trial due to any party;

(3)   The length of the continuance requested;

(4)   The availability of alternative means to address the problem that gave rise to the motion or application for a continuance;

(5)   The prejudice that parties or witnesses will suffer as a result of the continuance;

(6)   If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay;

(7)   The court’s calendar and the impact of granting a continuance on other pending trials;

(8)   Whether trial counsel is engaged in another trial;

(9)   Whether all parties have stipulated to a continuance;

(10)  Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and

(11)  Any other fact or circumstance relevant to the fair determination of the motion or application.

(Cal. Rules of Court, rule 3.1332(d).)

Discussion

Defendant argues a continuance is needed because discovery is not complete. Plaintiffs have failed to appear for depositions, and as a result, Defendant has filed two motions to compel scheduled for April 17, 2024 and May 6, 2024. The Court notes that it granted Defendant’s motion to compel on April 17, 2024. (See Min. Order, 4/17/24.) Defendant asserts that once he completes Plaintiffs’ depositions, he will likely subpoena medical records and depose treating physicians. Defendant has shown that he attempted to begin discovery in this case after he answered the complaint in May 2023. (See Mendoza Decl. ¶ 3.)

No previous request for continuance has been granted by the Court and no opposition has been filed. Therefore, given that Defendant entered this case in May 2023 and has been unable to complete discovery, the Court finds good cause to continue trial.  

CONCLUSION AND ORDER

The Court GRANTS Defendant’s motion to continue trial. 

The Final Status Conference is continued to October 8, 2024 at 10:00 a.m. in Department 32 of the Spring Street Courthouse. 

Trial is continued to October 22, 2024 at 8:30 a.m. in Department 32 of the Spring Street Courthouse. 

All discovery and pre-trial motion cut-off dates shall be in accordance with the new trial date.¿¿  

Defendants shall give notice of this order, and file a proof of service of such.