Judge: Audra Mori, Case: 19STCV45988, Date: 2022-07-29 Tentative Ruling



 
 
 
 
 


Case Number: 19STCV45988    Hearing Date: July 29, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

AMARILIS MENDOZA,

                        Plaintiff(s),

            vs.

 

CHLOE ALEXIS MCGUIGAN, ET AL.,

 

                        Defendant(s).

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      CASE NO: 19STCV45988

 

[TENTATIVE] ORDER GRANTING MOTION TO CONTINUE TRIAL DATE

 

Dept. 31

1:30 p.m.

July 29, 2022

 

Plaintiff Amarilis Mendoza (“Plaintiff”) filed this action against defendants Chloe Alexis Mcguigan, et al. for damages arising from a motor vehicle accident.  Trial is currently set for August 22, 2022. 

 

Defendant now moves to continue the current trial date.  Defendant provides the parties have stipulated to continue the trial date to October 24, 2022.   

 

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 Defendant’s retained expert orthopedic surgeon is currently unavailable for the current trial date, and that Plaintiff’s counsel is scheduled to be engaged in trial in another matter.  Additionally, Defendant provides the parties are continuing settlement discussions and to complete expert discovery.  Defendant attaches a stipulation signed by both parties to the motion.  (Exh. A.)  Defendant establishes good cause for the continuance. 

 

Defendant’s motion to continue trial is unopposed and granted.  The August 22, 2022, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The August 8, 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. 

 

Defendant is ordered to give notice. 

 

PLEASE TAKE NOTICE:

 

Dated this 29th day of July 2022

 

 

 

 

Hon. Audra Mori

Judge of the Superior Court