Judge: Audra Mori, Case: 20STCV22688, Date: 2022-08-25 Tentative Ruling

Case Number: 20STCV22688    Hearing Date: August 25, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Jerry Piro (“Plaintiff”) filed this action against Defendants Fernando Padilla Davila, Ernest Eugene McGowan, McGowan Marble and Granite (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Trial is currently set for September 8, 2022. 

Plaintiff now moves to continue the current trial date.  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, Plaintiff avers a continuance is necessary because additional time is needed to obtain and review Plaintiff’s new medical records and billing information, as Plaintiff has recently obtained additional treatment for his injuries.  Plaintiff asserts that the parties are unable to complete discovery until this information is provided, and Plaintiff argues that he will be prejudiced if not allowed to present evidence concerning his new medical treatment and records.  Plaintiff further asserts that the parties anticipate settlement at the conclusion of discovery and after obtaining the new medical records.  Additionally, Plaintiff provides that all parties agree to the continuance and submits a signed stipulation requesting trial be continued to March 1, 2023.  Based on the foregoing, Plaintiff establishes good cause for the continuance.  Plaintiff similarly establishes good cause to reopen discovery that has closed.  No party opposes the need for additional discovery concerning Plaintiff’s treatment or contending that any prejudice will result.

Plaintiff’s motion to continue trial is unopposed and granted.  The September 8, 2022, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The August 25, 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. 

Plaintiff 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 25^th day of August 2022