Judge: Armen Tamzarian, Case: 23STCV03290, Date: 2024-04-23 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 23STCV03290    Hearing Date: April 23, 2024    Dept: 52

Defendant Reiko Durwood’s Motion to Continue Trial

            Defendant Reiko Durwood moves to continue the trial of this action by 6 months.  “The court may grant a continuance only on an affirmative showing of good cause requiring” it.  (Cal. Rules of Court, rule 3.1332(c).) 

            Defendant shows good cause to continue the trial.  Good cause includes “[t]he unavailability of trial counsel because of death, illness, or other excusable circumstances.”  (Cal. Rules of Court, rule 3.1332(c)(3).)  The trial is set for June 24, 2024.  Defendant’s counsel is engaged to try another case beginning June 10.  (Lewin Decl., ¶ 2.)  He also may have a conflicting trial in a long cause trial set for May 20, 2024.  (Id., ¶ 3.) 

            When ruling on a motion to continue trial, the court must consider “[w]hether there was any previous continuance” (rule 3.1332(d)(2)), among other factors.  Plaintiff filed this action on February 14, 2023, and defendant answered on May 18, 2023.  The trial has not been continued before.  Continuing the trial serves the interests of justice.   

            Defendant Reiko Durwood’s motion to continue trial is granted.  The court hereby continues the final status conference from June 10, 2024, to January 6, 2025, at 9:00 a.m.  The court hereby continues the jury trial from June 24, 2024, to January 22, 2025, at 10:00 a.m.  All pretrial deadlines are continued to follow the new trial date.