Judge: Audra Mori, Case: 19STCV05211, Date: 2022-10-26 Tentative Ruling

Case Number: 19STCV05211    Hearing Date: October 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 13, 2019, Plaintiffs Maria Carmen Almanza Cruz (“Cruz”) and Daniel Guillen filed this action against defendants Beverly Hills Physicians, Tsung-Lin Roger Tsai, M.D., and Maher Anous, M.D. for medical malpractice and loss of consortium.  Plaintiffs’ First Amended Complaint alleges that on August 13, 2018, Cruz consulted and engaged Defendants to be her medical surgeons for cosmetic surgery procedures, but Defendants negligently treated and caused injury to Cruz.  Trial is currently set for December 8, 2022.    

Defendant Tsung-Lin Roger Tsai, M.D. (“Defendant”) now moves to continue the current trial date to June 29, 2023.  No opposition to the motion has been received. 

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 provides that all parties have stipulated to the continuance, so no party will be prejudiced by granting the motion.  (Mot. Exh. A.)  Defendant avers the parties will be severely prejudiced if the continuance is not granted because the parties require additional time to complete discovery.  Additionally, Defendant attests that it currently has a motion to compel responses to discovery set for February 8, 2022, which was the earliest available hearing date for the motion.  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 the motion to compel.  However, given the age of this case, the parties should expect no further continuances.  The parties should plan all motion and discovery accordingly.      

Defendant’s motion to continue trial is granted.  The December 8, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The November 23, 2022 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff 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 26^th day of October 2022