Judge: Audra Mori, Case: 20STCV30173, Date: 2022-09-20 Tentative Ruling

Case Number: 20STCV30173    Hearing Date: September 20, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Lani McKinley (“Plaintiff”) filed this action against defendants Thusuong T. Duong, et al. for damages relating to Plaintiff’s alleged trip and fall on defendants’ property.  Trial is currently set for October 25, 2022. 

Defendant Thusuong T. Duong (“Defendant”) now moves to continue the current trial date to March 20, 2023.  The motion is unopposed.   

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 avers that the parties have stipulated to the requested continuance, and that the continuance is necessary because the parties have been unable to complete discovery in this matter, including a medical examination of Plaintiff, which is currently scheduled for December 19, 2022, the first available date for the exam.  Furthermore, Defendant attests that it has filed a motion for summary judgment which is set for hearing on November 14, 2022, after the current trial date.  The motion is unopposed, and Defendant establishes good cause for the continuance.  Defendant has identified specific discovery that the parties have not completed, and concerning Defendant’s motion for summary judgment, 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. 

Defendant’s motion to continue trial is granted.  The October 25, 2022 trial date is continued to July 28, 2023 at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 11, 2022 Final Status Conference is continued to July 14, 2023 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 20^th day of September 2022