Judge: Audra Mori, Case: 20STCV34083, Date: 2022-09-01 Tentative Ruling

Case Number: 20STCV34083    Hearing Date: September 1, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ziba Shamoeil (“Plaintiff”) filed this action against Defendant GTA Restaurants, LLC (“Defendant”) for injuries Plaintiff sustained after slipping and falling off of a stool at Defendant’s restaurant.  Trial is currently set for October 14, 2022.    

Defendant now moves to continue the current trial date to April 18, 2023. 

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 dispite diligence in conducting discovery, Defendant has been unable to conduct an agreed upon medical examination of Plaintiff.  Defendant provides that Plaintiff’s scheduled medical exam with Defendant’s expert has been rescheduled twice with it most recently being canceled due to Plaintiff’s possible Covid exposure.  The next available date for a medical exam with Defendant’s expert is January 9, 2023.  Further, Defendant avers the parties wish to participate in mediation, but the first available date for their selected mediator is for after the current trial date.  The parties have signed a stipulation agreeing to continue the trial.  Defendant avers there will be no prejudice to any party from the continuance, and that there are no alternative means to address these issues.  The motion is unopposed, and Defendant establishes good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The October 14, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The September 30, 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 1^st day of September 2022