Judge: Audra Mori, Case: 20STCV14348, Date: 2022-07-29 Tentative Ruling

Case Number: 20STCV14348    Hearing Date: July 29, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff City of Los Angeles (“Plaintiff”) filed this action against Defendants Man Nguyen and Loyola Marymount University (collectively, “Defendants”) for subrogation of workers’ compensation benefits paid to Plaintiff’s employee relating to a motor vehicle accident.  Trial is currently set for October 18, 2022. 

Defendants now move to continue the current trial date to March 20, 2023, or a date thereafter.  To date, no opposition 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, Defendants attest that all parties stipulate to a continuance, as the parties have agreed to mediation with Robert M. Tessier, Esq., and the first available date for mediation with Mr. Tessier, the parties, and their counsel is January 17, 2023.  Defendants contend they will suffer irreparable harm if not allowed to mediate the claims prior to trial, and that the continuance will not prejudice any party.  Defendants establish good cause for the continuance, given that the first available date for the parties to mediate their claims with Mr. Tessier is after the current trial date. 

Defendants’ motion to continue trial is unopposed and granted.  The October 18, 2022, trial date is continued to May 19, 2023 at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 3, 2022, Final Status Conference is continued to May 5, 2023 at 10:00 a.m. in Department 31.  All discovery and expert cut-off dates are continued to reflect the new trial date. 

Defendants are ordered to give notice. 

PLEASE TAKE NOTICE:

• The court is not available to hear oral argument on this date.  If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.
• 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 29^th day of July 2022