Judge: Audra Mori, Case: 20STCV05983, Date: 2023-01-09 Tentative Ruling

Case Number: 20STCV05983    Hearing Date: January 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Praxedes Colin Gomez (“Plaintiff”) filed this action against Defendant Chapel of the Cross Lutheran Church of San Fernando California (the “Chapel”) for injuries relating to Plaintiff’s trip and fall on Defendant’s property.  Trial is currently set for January 23, 2023.  On October 13, 2020, Plaintiff filed an amendment to complaint naming Iglesia Bautista Renacer Latino (“Iglesia Bautista”) as Doe 26.

Defendants the Chapel and Iglesia Bautista (collectively, “Defendants”) now move to continue the current trial date to May 22, 2023, which Defendants state the parties have all agreed upon.  No opposition to the motion has been received.

On December 15, 2022, Defendant’s ex parte application to shorten the time for hearing on this motion was granted, and the motion was set for hearing at the same date and time as the Final Status Conference.  Defendant filed notice of this ruling with proof of service on Plaintiff on December 19, 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, Defendants provide that the parties’ counsel have all agreed to the requested continuance.  Defendants assert that additional time is required to complete discovery, including certain depositions and expert discovery.  Further, Defendants state that Plaintiff’s counsel was recently informed in November 2022 that Plaintiff’s counsel’s daughter’s school graduation will taking place on the eve of trial in London.  There has been only one prior trial continuance, and Defendants aver no party will be prejudiced by the continuance.  The parties stipulate to the continuance, and good cause is established for such. 

Defendants’ motion to continue trial is granted.  The January 23, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The January 9, 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.  The parties should expect no further continuances.  They must plan all motion and discovery practice accordingly. 

The Parties are further expected to appear at the Final Status Conference in this matter as scheduled to discuss the status of the case and confirm that the selected dates are acceptable and that they understand that they should expect no further continuances.

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 9^th day of January 2023