Judge: Audra Mori, Case: 20STCV43768, Date: 2023-01-17 Tentative Ruling

Case Number: 20STCV43768    Hearing Date: January 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Patricia Flores (“Plaintiff”) filed this action against Defendant Food 4 Less of California, Inc. dba Food 4 Less (“Defendant”), incorrectly named and served as the Kroger Co. dba Food 4 Less, for injuries relating to Plaintiff’s slip and fall in Defendant’s store.  Trial is currently set for February 17, 2023. 

Defendant now moves to continue the current trial date to June 15, 2023.  No opposition has been filed.   

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 attests that the parties have diligently participated in discovery and have agreed to mediate this case, but the first available date for their selected mediator is February 9, 2023.  Defendant provides that because this date is only nine days prior to the current trial date, the parties would like to avoid the necessity and expense of preparing the case trial when the matter is well-suited for resolution at mediation.  Defendant asserts the motion is being made jointly by both parties, and Defendant has submitted a signed stipulation by the parties.  (Mot. Exh. A.)  The motion is unopposed, and there has only been one prior trial continuance in this matter.  Defendant, thus, establishes good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The February 17, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 3, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are to be based on 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 17^th day of January 2023