Judge: Audra Mori, Case: 20STCV27702, Date: 2022-09-22 Tentative Ruling

Case Number: 20STCV27702    Hearing Date: September 22, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Jesus Rangel (“Plaintiff”) filed this action against defendants City of Los Angeles and Paige Pinkie for injuries relating to Plaintiff’s trip and fall on a sidewalk.  Trial is currently set for October 21, 2022. 

Defendant Paige Pinkie (“Defendant”) now moves to continue the current trial date so that Defendant’s motion for summary judgment, which is currently set for hearing on November 2, 2022, can be heard prior to trial.  Plaintiff has filed no substantive opposition to the motion.

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 she sought to timely reserve a hearing date for Defendant’s motion for summary judgment on May 27, 2022, but the first available hearing date was November 2, 2022, after the current trial date.  Defendant avers Defendant will be irreparably harmed if the motion for summary judgment is not heard prior to trial.  Plaintiff provides he is not opposed to the requested continuance and requests trial be continued to January 30, 2023, which was agreed upon by all parties.

In this case, there has been one stipulated continuance of the case, where the parties agreed to set the case for trial in late October.  The request is to continue the trial briefly to enable the November 2, 2022, motion for summary judgment to be heard. Moreover, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, Defendant properly seeks to continue trial instead of seeking to specially set the hearing date, as the court’s calendar is impacted.  No evidence of prejudice due to the continuance was provided.  Therefore, there is good cause to continue the trial date.

Defendant’s motion to continue trial is granted.  The October 21, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 7, 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. 

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 21^st day of September 2022