Judge: Audra Mori, Case: 20STCV15846, Date: 2022-08-24 Tentative Ruling

Case Number: 20STCV15846    Hearing Date: August 24, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Melanie Gonzalez, Magie Gonzalez, and Cristian Gonzalez (collectively, “Plaintiffs”) filed this action against defendants County of Los Angeles, City of Los Angeles, the Los Angeles County Sheriff’s Department, Carlos Turcios, and Sylvia M. Turcios for damages relating to a motor vehicle vs. pedestrians accident.  Trial is currently set for October 14, 2022. 

Plaintiffs now move to continue the current trial date at least six months, or to a date thereafter.  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, Plaintiffs aver a continuance is necessary because they have been unable to obtain essential testimony, documents, and other material evidence despite their diligent efforts.  Plaintiffs contend that obtaining critical discovery concerning Carlos Turcios has been frustrated because there is confusion as to who is representing him in this action.  Plaintiffs state that Carlos Turcios’s counsel of record asserts it is no longer representing him, and the alleged new counsel refuses to discuss the case.  As Plaintiffs assert no substitution of attorney form has been filed with the Court pertaining to Carlos Turcios, nor has a motion to be relieved as counsel been filed as to him.  The Court’s records show that Grace C. Pak remains counsel of record for Carlos Turcios.  Furthermore, Plaintiffs contend that County of Los Angeles is refusing to produce witnesses until the indicated new counsel makes an appearance, so Plaintiffs have reserved a motion to compel depositions for January 23, 2023.  Additionally, Plaintiffs assert there are multiple issues concerning written discovery that need to be resolved. 

The motion is unopposed, and Plaintiffs establish good cause for the continuance. 

Plaintiffs’ motion to continue trial is granted.  The October 14, 2022, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 3, 2022, 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. 

Plaintiffs 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 24^th day of August 2022