Judge: Audra Mori, Case: 20STCV34446, Date: 2023-02-14 Tentative Ruling

Case Number: 20STCV34446    Hearing Date: February 14, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Walter Davis (“Plaintiff”) filed this action against Defendant Katherine Reihman (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for March 27, 2023. 

Defendant now moves to continue the current trial date for six months.  On February 6, 2023, Defendant filed a notice of non-opposition to the motion.  No opposition 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 provides that her current counsel recently substituted into the case, and in reviewing the case file, current counsel noted that there has been little discovery done in this case.  Defendant argues that extensive discovery is necessary to allow Defendant a fair opportunity to defend this action or whether the action can be resolved.  Defendant contends that there is no prejudice to the parties in granting a six-month continuance. 

The motion is unopposed, and Defendant establishes good cause for the continuance.   However, the Court notes that Defendant was previously represented by counsel when she filed her answer on November 9, 2020.  Two years passed before current counsel substituted into the case, and Defendant should have been doing discovery during this time.  To the extent that Defendant asserts that there have been no other continuances of this trial requested by current counsel, the trial date in this action has nevertheless been continued previously at the request of other counsel.  From this point forward, the parties should act diligently and must expect no further continuances.  They must plan all motion and discovery practice accordingly. 

Defendant’s motion to continue trial is granted.  The March 27, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The March 13, 2023 Final Status Conference is continued to _______________ 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 14^th day of February 2023