Judge: Audra Mori, Case: 19STCV35037, Date: 2023-01-17 Tentative Ruling

Case Number: 19STCV35037    Hearing Date: January 17, 2023    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 February 22, 2023. 

Defendant Bell Cab Company, Inc. (“Defendant”) now moves to continue the current trial date to June 28, 2023, or a date thereafter.  No opposition has been received.

Defendant filed and served the instant motion on December 21, 2022, with proof of service showing electronic service on the parties.  Defendant then filed a supplement to the motion on December 22, 2022, with an additional exhibit.  Pursuant to CCP § 1005, all moving and supporting papers must be served and filed at least 16 court days prior to the hearing.  Additionally, “[a]ny period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days.”  (CCP § 1010.6(a)(4)(B).)  Eighteen court days before this hearing would have been December 19, 2022.  Consequently, Defendant did not timely file and serve the motion.   

Defendant’s counsel is put on notice that failure to timely file and serve papers in the future may result in matters being taken off calendar.  Because Defendant indicates that all parties stipulate to a trial continuance, if all parties appear on January 17, 2023, and consent to going forward, the Court will rule on the motion as follows:

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 asserts there is good cause to continue the trial date because Plaintiff was scheduled to undergo knee surgery on December 29, 2022, so the parties require additional time to complete discovery to prepare for trial.  Further, Defendant asserts it is waiting to receive responses to written discovery from Plaintiff, and that additional depositions of Plaintiff’s medical providers still need to be completed.  Further, Defendant provides that the parties have agreed to mediation in an attempt to resolve this matter.  Defendant contends that it will be unduly prejudiced if the trial is not continued because Defendant will not have an opportunity to assess the true value of Plaintiff’s case and prepare for trial. 

Plaintiff stipulates to the requested continuance, and Defendant establishes good cause for such.  However, the Court notes that this will be the fourth trial continuance in this matter.  A four-month continuance will make this matter more than three and a half years old at the time of trial.  While Defendant states that Plaintiff is receiving additional treatment, it is not always possible for a plaintiff to finish treatment prior to trial.  Consequently, the parties must expect no further continuances and should plan all discovery and motion practice accordingly.  Any attempt to obtain a further continuance must acknowledge in the first sentence that the parties have received notice of this.

Defendant’s motion to continue trial is granted.  The February 22, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 8, 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. 

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 17^th day of January 2023