Judge: Audra Mori, Case: 20STCV35613, Date: 2022-09-28 Tentative Ruling

Case Number: 20STCV35613    Hearing Date: September 28, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Citally Gastelum (“Plaintiff”) filed this action against Defendant Bellflower Unified School District (“BUSD”), et al. for injuries Plaintiff sustained when a tree branch fell on her.  Trial is currently set for November 3, 2022. 

Plaintiff has filed a stipulated motion to continue the current trial date to June 1, 2023.  BUSD has filed a notice of non-opposition to the motion.

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, Plaintiff provides the parties have agreed to mediation, which is set for September 30, 2022, and contend that additional time is required to participate in the mediation and engage in good faith negotiations thereafter.  Plaintiff attests that the parties are postured towards settlement, and that the parties have stipulated to the requested continuance.  Further, Plaintiff provides the parties have not completed discovery, including the depositions of the parties, witnesses, and experts.  Plaintiff contends no party will be prejudiced by the continuance.  The motion is unopposed, and Plaintiff establishes good cause for the continuance. 

Plaintiff’s motion to continue trial is granted.  The November 3, 2022 trial date is continued to June 1, 2023 at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 20, 2022 Final Status Conference is continued to May 18, 2023 at 10:00 a.m. in Department 31.  All discovery and expert cut-off dates are continued to reflect the new trial date. 

Plaintiff 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 28^th day of September 2022