Judge: Audra Mori, Case: 19STCV28184, Date: 2022-10-31 Tentative Ruling

Case Number: 19STCV28184    Hearing Date: October 31, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Juan Ramon Fuentes Hernandez (“Plaintiff”) filed this action against defendants Manuel Dejesus Puga (“Puga”) and Dnelevets, Inc. for damages arising from a motor vehicle accident.  Plaintiff has filed an Amendment to Complaint naming Hyundai Transmission, Inc. (“Hyundai”) as Doe 1.  Plaintiff alleges that as he was operating his motor vehicle, the vehicle became disabled because of a problem with the vehicle’s transmission and was rear-ended by Puga.  Plaintiff alleges that Hyundai had recently performed transmission work on Plaintiff’s vehicle.  Trial is currently set for December 5, 2022.

Defendant Hyundai now moves to continue the current trial date to for 180 days.  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, Hyundai provides that while the parties have cooperated throughout the discovery process, one of the issues in this action relates to the mechanical condition of Plaintiff’s vehicle.  Hyundai asserts that all parties have retained expert witnesses, with some residing out of state, and there has been difficulty arranging an inspection of the vehicle.  Hyundai states a first inspection occurred on September 28, 2022, and it was determined that an additional inspection requiring destructive testing is needed.  Hyundai contends that the parties anticipate then completing additional depositions and written discovery to prepare for trial.  The parties have stipulated to the continuance, (Mot. Exh. A), and all agree that the additional discovery is needed.  Hyundai avers no party will be prejudiced.   The motion is unopposed, and Hyundai establishes good cause for the continuance. 

Hyundai’s motion to continue trial is granted.  The December 5, 2022 trial date is continued to April ___, 2023, at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The November 21, 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. 

Given the age of this case, the parties must plan all discovery, motion practice, and alternative dispute resolution around these dates.  They must expect no further continuances.

Defendant Hyundai 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 31^st day of October 2022