Judge: Audra Mori, Case: 20STCV42561, Date: 2022-09-12 Tentative Ruling

Case Number: 20STCV42561    Hearing Date: September 12, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Sheila Keller (“Sheila”) and Riversun Keller (collectively, “Plaintiffs”) filed this action against Defendant Nancy Foster (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for November 3, 2022.   

Defendant now moves to continue the current trial date to March 3, 2023.  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 asserts that Plaintiff Sheila is an out-of-state resident, and Defendant intends to have Sheila undergo three medical examinations because of Sheila’s injury claims in this matter.  Defendant attests that Sheila requires time to coordinate her personal calendar and flight schedule, and that due to the Covid-19 pandemic, additional time is required to plan for the examinations and required travel.  Further, Defendant states that Defendant’s lead trial counsel is scheduled to try a different matter the same date as this action, and Defendant contends that the additional time will permit the parties to finalize discovery and engage in meaningful mediation.  Defendant is seeking relief approximately two months before trial, rather than on the eve of trial, and there has only been one prior trial continuance in this matter.  Moreover, Plaintiffs stipulate to the requested continuance.  (Mot. Exh. A.)  The motion is unopposed, and Defendant establishes good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The November 3, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 21, 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 10^th day of April 2022