Judge: Audra Mori, Case: 19STCV03392, Date: 2022-10-04 Tentative Ruling

Case Number: 19STCV03392    Hearing Date: October 4, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Sam Manhanga (“Plaintiff”) filed this action against Defendant Diane Shokohi (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for November 8, 2022. 

Defendant now moves to continue the current trial date to the summer of 2023.  No opposition has been received to the motion, and Defendant filed a notice of non-opposition. 

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  (CRC Rule 3.1332(c).)  The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted:  (1) proximity of the trial date; (2) whether there was any previous continuance 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; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial.  (See generally, CRC Rule 3.1332(d)(1)-(11).)  Additional factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application.  (CRC Rule 3.1332(c), (d).)

Here, Defendant contends there is good cause to continue the trial date because discovery has not been completed, as Plaintiff has failed to appear for his deposition on four occasions.  Defendant states she has filed a motion to compel Plaintiff’s deposition as a result, but the earliest available hearing date for the motion was February 23, 2023, after the current trial date.  Defendant asserts that she will be severely prejudiced in her ability to investigate Plaintiff’s claims and injuries if the motion is not granted.  Further, Defendant provides that this is her first request for a trial continuance.  The motion is unopposed, and Defendant establishes good cause for the continuance.  Moreover, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, Defendant properly seeks to continue trial instead of seeking to specially set the hearing date for Defendant’s motion to compel Plaintiff’s deposition. 

Defendant’s motion to continue trial is granted.  The November 8, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 25, 2022 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cut-off dates are continued to reflect the new trial date. 

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 4^th day of October 2022