Judge: Audra Mori, Case: 19STCV29695, Date: 2022-09-30 Tentative Ruling

Case Number: 19STCV29695    Hearing Date: September 30, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Juan Gonzalez Palma (“Palma”) and Martha Gutierrez Rodriguez (“Rodriguez”) (collectively, “Plaintiffs”) filed this action against defendants Luis Gonzalez Granero (“Granero”), et al. for damages arising from an automobile versus bicyclist accident.  Trial is currently set for March 29, 2023. 

Defendant the Department of Transportation (“DOT”) now moves to continue the current trial date so that DOT’s motion for summary judgment, which is currently set for July 25, 2023, can be heard before trial.  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, DOT attests that on June 30, 2022, it scheduled its motion for summary judgment for hearing for July 25, 2023.  DOT asserts this was the earliest available hearing date, and that no party will be prejudiced by the continuance.  As the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, DOT properly seeks to continue trial instead of seeking to specially set the hearing date, as the Court’s calendar is impacted.  No party opposes the motion, and there is no evidence of prejudice due to the continuance.  Therefore, there is good cause to continue the trial date.

DOT’s unopposed motion to continue trial is granted.  The March 29, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The March 9, 2023 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. 

DOT 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 30^th day of September 2022