Judge: Audra Mori, Case: 19STCV12233, Date: 2022-08-10 Tentative Ruling

Case Number: 19STCV12233    Hearing Date: August 10, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Jaelline Jaffe (“Plaintiff”) filed this action against defendants City of Los Angeles, et al. for damages relating to Plaintiff’s trip and fall on a sidewalk.  Trial is currently set for October 5, 2022. 

Cross-Defendant/Cross-Complainant Socorro Shanks, Individually and as Trustee of the Jerry and Socorro Shanks Revocable Living Trust, erroneously sued as the Shanks Family Trust, (“Shanks”) now moves to continue the current trial date to October 5, 2023.  The court has not received any opposition to the motion.

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, Shanks asserts that it has only just appeared in this action on July 12, 2022, so the current trial date severely prejudices Shanks in conducting discovery and preparing for trial.  Shanks avers it has not had an opportunity to conduct any discovery and knows nothing about the allegations made in the complaint as a result.  The motion is unopposed, and Shanks establishes good cause for the continuance in light of the fact Shanks only recently appeared in this action after significant time had passed. 

Shanks’s motion to continue trial is granted.  The October 5, 2022, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The September 21, 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. 

Shanks 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 10^th day of August 2022