Judge: Audra Mori, Case: 20STCV09459, Date: 2022-10-13 Tentative Ruling

Case Number: 20STCV09459    Hearing Date: October 13, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Linda Cota (“Plaintiff”) filed this action against Defendant Snow Creek Village West Partners (“Snow Creek”), et al for damages arising from a slip and fall incident.  On February 18, 2021, Plaintiff filed an Amendment to Complaint naming TWS Facility Services, Inc. (“TWS”) as Doe 2.  Trial is currently set for February 15, 2023. 

Defendant TWS now moves to continue the current trial date to August 15, 2023.  No opposition to the motion has been received. 

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, TWS avers a continuance is necessary because although TWS timely noticed Plaintiff’s deposition for August 1, 2022, neither Plaintiff nor Plaintiff’s counsel appeared for the deposition.  As a result, TWS asserts it filed a motion to compel Plaintiff’s deposition, with the first available hearing date being February 15, 2023, the same date this matter is set for trial.  TWS contends the trial continuance is necessary because of Plaintiff’s failure to participate in the discovery process and delaying trial.  Further, TWS provides it has attempted to meet and confer with Plaintiff’s counsel but has not received any response to such attempts, so there are no alternative means to address this issue.  The motion is unopposed, and TWS establishes good cause for the continuance.  Moreover, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, TWS properly seeks to continue trial instead of seeking to specially set the hearing date for its motion to compel. 

TWS’s motion to continue trial is granted.  The February 15, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 1, 2023 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 TWS 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 13^th day of October 2022