Judge: Audra Mori, Case: 20STCV05428, Date: 2023-01-19 Tentative Ruling

Case Number: 20STCV05428    Hearing Date: January 19, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Eulogia Ortiz (“Plaintiff”) filed this action against defendant City of Los Angeles for injuries relating to Plaintiff’s trip and fall on a sidewalk.  On November 3, 2022, Plaintiff filed an amendment to complaint naming Kirk Minato and WSM Partners, LLC as Does 1 and 2, respectively.  Trial is currently set for February 17, 2023.

Defendants Kirk Minato and WSM Partners, LLC (collectively, “Defendants”) now move to continue the current trial date to July 2023.  No opposition to the motion has been received. 

Defendants filed and served the instant motion on December 28, 2022, with proof of service showing electronic service on the parties.  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 21, 2022.  Consequently, Defendants did not timely file and serve the motion.

Defendants’ counsel is put on notice that failure to timely file and serve papers in the future will result in matters being taken off calendar.  Because Defendants indicate that all parties stipulate to a trial continuance, if all parties appear on January 19, 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, Defendants assert that because they were recently added to this action by the doe amendments, they have not had an opportunity to take any depositions or complete discovery.  Defendants assert that they also have not received all discovery previously produced in discovery, and that the parties intend to participate in mediation once discovery is completed.  Defendants aver that no party will be prejudiced by the continuance, and that the continuance is the only way to address these issues.  Furthermore, Defendants provide that all parties have stipulated to the continuance.  The motion is unopposed, and Defendants establish good cause for the continuance. 

Defendants’ motion to continue trial is granted.  The February 17, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 3, 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. 

Defendants are 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 19^th day of January 2023