Judge: Audra Mori, Case: 21STCV00247, Date: 2022-10-13 Tentative Ruling

Case Number: 21STCV00247    Hearing Date: October 13, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Denise Jones (“Plaintiff”) filed this action against Defendant Charter Communications, Inc. dba Spectrum (“Defendant”) for injuries Plaintiff sustained after a trip and fall on a cable wire at the entrance to Plaintiff’s apartment.  Trial is currently set for November 4, 2022.

Defendant now moves to continue the current trial date for four months to a date convenient for the Court’s calendar.  No opposition to the motion has been received. 

The Court notes that that the proof of service shows electronic service of the motion on Plaintiff on September 19, 2020.  Pursuant to CCP § 1005, all moving and supporting papers must be served and filed at least 16 court days prior to the hearing.  Additionally, “[a]ny period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days.”  (CCP § 1010.6(a)(4)(B).)  Eighteen court days before this hearing would have been September 16, 2022.  Consequently, Defendant did not timely file and serve the motion.

Nonetheless, because Defendant indicates that Plaintiff has stipulated to the requested continuance, if Plaintiff appears on October 13, 2022, and consents to going forward, the Court will rule on the motion as follows:

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 the parties are actively engaged in discovery but have been unable to obtain essential documents and information due to no fault of their own.  Defendant provides the parties have been unable to evaluate and complete factual and expert discovery for the better part of a year on Plaintiff’s potential damages because of delays by Medi-Cal, through which Plaintiff has health insurance, in producing any lien documentation regarding Plaintiff’s treatment.  Defendant attests that to date, the parties have not received a final or tentative lien notice, and the parties require this information to properly prepare for the damages phase of trial.  Defendant avers the parties will be prejudiced if forced to go to trial without this information.  Plaintiff has stipulated to the continuance.  (Mot. Exh. A.)  Further, Defendant provides that the parties have agreed to participate in mediation with their selected mediator on December 6, 2022.  The motion is unopposed, and Defendant establishes good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The November 4, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 20, 2022 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 13^th day of October 2022