Judge: Audra Mori, Case: 19STCV35037, Date: 2022-08-23 Tentative Ruling

Case Number: 19STCV35037    Hearing Date: August 23, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Mojdeh Havashian (“Plaintiff”) filed this action against defendants Bell Cab Company, Inc., et al. for damages arising from a motor vehicle accident.  Trial is currently set for September 26, 2022. 

Defendant Bell Cab Company, Inc. (“Defendant”) now moves to continue the current trial date to February 2023, or a date thereafter.  The motion is unopposed.

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 avers a continuance is necessary because Defendant requires additional time to complete discovery, including written discovery, depositions of Plaintiff’s treating medical providers, and conducting Plaintiff’s physical examination.  Defendant attests the parties also require additional time to conduct a private mediation following the completion of the discovery, as the parties want to attempt to resolve the matter prior to incurring the fees and costs of expert discovery and trial preparation.  Defendant provides the parties have stipulated to the continuance, and that Defendant will be irreparably prejudiced if the continuance is not granted.  The motion is unopposed, and Defendant establishes good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The September 26, 2022, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The September 13, 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 23^rd day of August 2022