Judge: Audra Mori, Case: 20STCV01979, Date: 2022-08-05 Tentative Ruling

Case Number: 20STCV01979    Hearing Date: August 5, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Omar Flores and Yesenia Flores (collectively, “Plaintiffs”) filed this action against defendants Kevin Mauricio Matias-Concua and Ramon E. Flores Velasquez for damages arising from a motor vehicle accident.  On January 20, 2022, Plaintiff filed an Amendment to Complaint naming Flores Pool Builder & Remodeling, Inc. as Doe 1.  Trial is currently set for October 6, 2022. 

At this time, Defendant Flores Pool Builder & Remodeling (“Defendant”) now moves to continue the current trial date to September 1, 2023.  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 although this action was filed in January 2020, Defendant was not served with a copy of the complaint until January 26, 2022, over two years later.  Defendant asserts it needs to complete additional discovery in this matter, including the depositions of Plaintiffs, who were deposed before Defendant appeared in the action.  Moreover, Defendant provides that it intends to file a motion for summary judgment, but there are no hearing dates available before the current trial date. 

The motion is unopposed.  Although the court’s records show that Defendant has not filed or scheduled a motion for summary judgment for hearing in this matter, Defendant establishes good cause for the continuance in light of the fact Defendant was served with the summons and complaint more than two years after Plaintiffs filed the action, and Defendant requires additional time to complete discovery and prepare for trial. 

Defendant’s motion to continue trial is unopposed and granted.  The October 6, 2022, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The September 22, 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 5^th day of August 2022