Judge: Audra Mori, Case: 20STCV29170, Date: 2022-08-30 Tentative Ruling

Case Number: 20STCV29170    Hearing Date: August 30, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Javonne At-Chan (“Plaintiff”) filed this action against Defendant K Too (“Defendant”) for injuries relating to Plaintiff’s alleged trip and fall in Defendant’s store.  Trial is currently set for October 13, 2022. 

Defendant now moves to continue the current trial date to January 9, 2023.  Plaintiff filed a late opposition on August 19, 2022, 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 it will be prejudiced if the trial date is not continued.  Defendant asserts that Defendant’s co-owner and person most knowledgeable has a pre-paid trip to Korea directly in conflict with the trial date, and that Defendant’s economist expert witness will also be out of the country during trial.  Further, Defendant states that defense counsel has several other trial scheduled through the remainder of 2022, and that the continuance will allow the parties to complete discovery and engage in meaningful settlement discussions. 

In opposition, Plaintiff contends that granting a continuance will prejudice Plaintiff and delay resolution of the case.  Defendant, in reply, avers that there is good cause for the trial continuance. 

The factors relevant to assessing a trial continuance weigh in favor of granting the motion.  Defendant’s person most knowledgeable and retained expert to dispute Plaintiff’s loss of earnings claims will be out of the country and unavailable for the current trial date.  Further, defense counsel has scheduling conflicts with the current trial date, and the continuance will allow the parties to complete discovery and engage in further settlement discussions before trial.  Defendant establishes good cause for the continuance.  Moreover, there has only been one prior continuance in this matter, and Plaintiff merely asserts that a second continuance will be prejudicial to her without articulating the alleged prejudice she will suffer.   

Defendant’s motion to continue trial is granted.  The October 13, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The September 29, 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 30^th day of August 2022