Judge: Audra Mori, Case: 20STCV04888, Date: 2023-02-09 Tentative Ruling

Case Number: 20STCV04888    Hearing Date: February 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Gayland Maurice Drake, Jr. (“Plaintiff”) filed this action against Defendants Zara Express, LLC and Teklit Okbagergish Tesfaldet (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Trial is currently set for March 1, 2023. 

Defendants now move to continue the current trial date to June 1, 2023, or to a date thereafter.  The motion is unopposed.  Defendants provide that the parties have stipulated to the requested relief.

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, Defendants provide the parties have stipulated to the proposed continuance to accommodate both counsel’s trial calendars.  Defendants provide the parties have diligently conducted discovery, but defense counsel is likely to be engaged in trial in another matter, and defense counsel has a pre-paid vacation that conflicts with the current trial date.  Defendants aver the requested continuance is solely intended to accommodate counsel’s trial availability so that the matter can proceed to trial, and Defendants assert that no party or witness will suffer prejudice as a result of the continuance.  The parties stipulate to the requested continuance, and thus, there is good cause for a short continuance.  However, given the age of this case, and because Defendants represent the parties are otherwise prepared to proceed to trial, the parties must expect no further continuances.  They must plan their case accordingly. 

Defendants’ motion to continue trial is granted.  The March 1, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 15, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are to be based on the new trial date. 

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