Judge: Audra Mori, Case: 19STCV30845, Date: 2022-09-14 Tentative Ruling

Case Number: 19STCV30845    Hearing Date: September 14, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Sergio Fraire (“Plaintiff”) filed this action against defendants Margaritaville Enterprises, LLC, et al. for damages arising from a motor vehicle accident.  Plaintiff has filed an Amendment to Complaint naming Panda Restaurant Group, Inc. (“Panda”) as Doe 1.  Trial is currently set for November 1, 2022. 

Defendant Panda now moves to continue the current trial date to March 2023, or a date thereafter.  Plaintiff has filed a notice of joinder 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, Panda avers there is good cause to continue the trial date because Panda has been in the action less than one year, and new information regarding Plaintiff’s employer’s liability and potential comparative negligence has come to light.  Panda asserts that discovery has just commenced concerning Plaintiff’s employer and Plaintiff’s workers’ compensation records, and that obtaining this information will assist the parties in reaching settlement.  Plaintiff, in his joinder to the motion, asserts that there will be no prejudice to any party, and that the parties have stipulated to the continuance.  Plaintiff further provides that the continuance will allow the parties to participate in meaningful mediation.  No party opposes the continuance, and Panda establishes good cause for the continuance.  However, given the number of continuances that have been granted in this case, the parties are put on notice that they should not expect more continuances and should plan their case accordingly.

Panda’s motion to continue trial is granted.  The November 1, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 18, 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. 

Moving 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 14^th day of September 2022