Judge: Audra Mori, Case: 20STCV34296, Date: 2023-01-05 Tentative Ruling

Case Number: 20STCV34296    Hearing Date: January 5, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Adam Lopez (“Plaintiff”) filed this action against defendants Target Corporation (“Defendant”), et al. for damages relating to Plaintiff’s slip and fall in Defendant’s store.  Trial is currently set for February 22, 2023. 

Defendant Target Corporation now moves to continue the current trial date to April 14, 2023, or to a date thereafter.  No opposition to the motion has been received. 

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 contends there is good cause to continue the trial date because both Plaintiff’s lead trial counsel and Defendant’s lead trial counsel are scheduled to be engaged in trial in matters that conflict with the trial in this action.  Plaintiff has stipulated to the requested continuance.  (Mot. Exh. A.)  It is unclear whether Plaintiff’s or Defendant’s counsel are actually engaged in any trials that conflict with the instant trial date.  A scheduled trial is not the same as being engaged in trial.  Indeed, because of the lack of trials that took place while people were asked to socially isolate due to COVID-19, many trial attorneys now have extremely busy trial calendars.  Sometimes it is necessary for them to schedule and prepare for overlapping trials with the understanding that they may ultimately be engaged in one trial, requiring a continuance of another.  Courts often consider a continuance if counsel is actually engaged in another trial or has a firm trial date with priority at the time of the Final Status Conference.  

Nevertheless, the motion is unopposed, and Plaintiff stipulates to the continuance.  Further, there has been only one prior continuance in this matter, and Defendant is making this motion more than one month before the current trial date, as opposed to waiting until the eve of trial.  The continuance will also allow the parties to avoid the overlapping of scheduled trials.  Defendant, thus, establishes good cause for a short continuance.  However, counsel for the parties are put on notice that while the Court is accommodating this stipulated request for a second continuance, they should expect no others and should plan the case accordingly.

Defendant’s motion to continue trial is granted.  The February 22, 2023 trial date is continued to April 21, 2023 at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 8, 2023 Final Status Conference is continued to April 10, 2023 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 5^th day of January 2023