Judge: Anne Hwang, Case: 21STCV15732, Date: 2023-08-18 Tentative Ruling
Case Number: 21STCV15732 Hearing Date: August 18, 2023 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
| DEPARTMENT | 32 |
| HEARING DATE | 08/18/2023 |
| CASE NUMBER | 21STCV15732 |
| MOTIONS | Motion to Continue Trial |
| MOVING PARTY | Defendant WHB Biltmore LLC |
| OPPOSING PARTY | N/A – Unopposed |
BACKGROUND
This personal injury action stems from a slip and fall at a hotel. Lakisha Papoutsakis (“Plaintiff”) alleges that on January 25, 2020, she sustained several physical injuries when she slipped and fell on a leak in the hotel bathroom. (Complaint, ¶ 8.) She filed her Complaint on April 27, 2021. Defendant Millennium Biltmore Hotel Los Angeles (“Defendant”) filed a Motion to Continue Trial (“Motion”) on July 21, 2023. No opposition to the Motion was filed.
DISCUSSION
Legal Standard
California Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (California Rules of Court, rule 3.1332(c).)¿¿¿
The court may also consider the following factors: “(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).) ¿¿ ¿
Analysis
Here, Defendant requests that the Court continue the trial to February 4, 2024 or a date convenient thereafter and continue all discovery and motion cut-off dates due to the following: (1) personal health needs of defense counsel, (2) counsel received eight volumes of Plaintiff’s medical records on June 7, 2023, (3) efforts to schedule an Independent Medical Examination in Los Angeles were declined because Plaintiff cannot travel from Boston. (Greco Dec. ¶ 4, 7, 10.) Plaintiff has not filed an opposition, so there is no information regarding any potential prejudice to Plaintiff due to a continuance.
The Court finds that Defendant has presented good cause for continuing the trial. Accordingly, the Court grants the motion.
CONCLUSION
Accordingly, Defendant’s Motion to Continue Trial is GRANTED.
The Final Status Conference is continued to March 8, 2024 at 10:00 a.m. in Department 32 in the Spring Street Courthouse.
Trial is continued to March 22, 2024 at 8:30 a.m. in Department 32 in the Spring Street Courthouse.
All discovery and motion cut-off deadlines are to follow the new trial date.
No further continuances absent a showing of good cause.