Judge: Audra Mori, Case: 19STCV42179, Date: 2023-02-09 Tentative Ruling

Case Number: 19STCV42179    Hearing Date: February 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ruzanna Koshkarian (“Plaintiff”) filed this action against Defendant County of Los Angeles (“Defendant”), et al. for injuries relating to Plaintiff’s trip and fall on a sidewalk.  Trial is currently set for March 16, 2023.

Defendant now moves to continue the current trial date September 15, 2023, or to a date thereafter.  No opposition 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, Defendant asserts that the parties filed a stipulation to continue the trial date in October 2022, that was rejected without prejudice to the parties showing good cause for the requested continuance.  Defendant provides that it has attempted to obtain a new stipulation from Plaintiff, but Plaintiff has not responded to defense counsel’s request.  Defendant avers it has diligently pursued discovery, but Plaintiff failed to appear for deposition, necessitating a motion to compel, which was granted on December 15, 2022.  During Plaintiff’s deposition, Defendant obtained critical new information concerning the exact location of the alleged dangerous condition.  Defendant asserts that it requires additional time to conduct discovery and accommodate the possibility of mediation.  The motion is unopposed, and Defendant establishes good cause for the continuance in light of the fact Defendant has identified specific discovery it requires additional time to obtain despite its diligent efforts. 

Given the age of this case, the parties must expect no further continuances.  The parties must plan all discovery and motion practice accordingly. 

Defendant’s motion to continue trial is granted.  The March 16, 2023 trial date is continued to September 15, 2023, at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The March 2, 2023 Final Status Conference is continued to September 1, 2023, 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 the case, there should be no further continuances.

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 9^th day of February 2023