Judge: Audra Mori, Case: 20STCV25633, Date: 2023-02-07 Tentative Ruling

Case Number: 20STCV25633    Hearing Date: February 7, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Mia Garcia (“Plaintiff”), a minor by and through her guardian ad litem, Viviana Colmenares Pinto, filed this action against Defendant ABC Unified School District (“Defendant”) for (1) dangerous condition on public property and (2) res ipsa loquitur and general negligence.  Plaintiff alleges Defendant’s employee improperly secured or placed a defective mullion in a doorway, and Plaintiff was a student walking to class when the mullion fell on her head.  Trial is currently set for March 22, 2023. 

Defendant now moves to continue the current trial date August 22, 2023, or to a date thereafter.  Alternatively, Defendant moves to advance the hearing date on its motion to compel further responses and Informal Discovery Conference, and to continue the trial date to July 24, 2023.  Plaintiff opposes the motion, and Defendant filed a reply. 

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, Defendant asserts that despite prior representations from Plaintiff that Plaintiff would be providing full responses to discovery, Plaintiff has failed to do so.  Defendant contends that because of the unavailability of motion dates, Defendant cannot obtain the relevant discovery before trial.  Defendant argues that there is good cause to continue the trial date because Defendant has been unable to obtain the needed discovery and to conduct any additional discovery.  Alternatively, Defendant requests its motion to compel further responses and Informal Discovery Conference concerning the subject discovery be advanced for hearing. 

In opposition, Plaintiff argues that Defendant fails to show that Plaintiff’s conduct created the need for the continuance, and Plaintiff contends that Defendant’s motion to compel further is unmeritorious.  Plaintiff contends that the discovery dispute is not preventing Defendant from otherwise taking depositions or preparing for trial. 

In reply, Defendant again argues it establishes good cause for the trial continuance.  Defendant asserts that it is seeking relevant discovery and the opportunity to conduct any discovery it deems necessary to evaluate Plaintiff’s damages claims. 

As to the request to advance the hearing date for the motion to compel further and the Informal Discovery Conference, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, the Personal Injury courts do not have the capacity to add hearings to their fully booked motion calendars.  The proper relief to seek is to continue trial instead of seeking to advance or shorten the hearing time.  The request to advance the hearing date is denied. 

As to the request to continue the trial date, Defendant timely filed its motion to compel further responses and scheduled an Informal Discovery Conference, but Defendant’s inability to have the motion and Informal Discovery Conference heard before trial is due to the Court’s impacted calendar.  There are no alternative means identified to address this issue, and the Court will not address the merits of the discovery motion at this time.  Moreover, as stated above, per the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, the proper relief to seek in this situation is to continue trial instead of seeking to specially set the hearing date.  Additionally, Defendant is making this motion more than one month before the current trial date, as opposed to waiting until the eve of trial to request a continuance, and Plaintiff does not articulate any prejudice she will suffer by the continuance.  Therefore, there is good cause to continue the trial date.

Defendant’s motion to continue trial is granted.  The March 22, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The March 8, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are continued to reflect the new trial date. 

Defendant 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 7^th day of February 2023