Judge: Audra Mori, Case: 21STCV02333, Date: 2023-03-02 Tentative Ruling

Case Number: 21STCV02333    Hearing Date: March 2, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Sergio Esparza Montoya (“Plaintiff”) filed this action against Defendants Delano Investors, LLC and Pacific Real Estate and Management, Inc. (collectively, “Defendants”), et al. for damages relating to Plaintiff’s slip and fall allegedly caused by an “improperly repaired ceiling” that filled the floor of the subject property with water.  Trial is currently set for May 25, 2023. 

Defendants now move to continue the current trial date to February 2024.  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, Defendants aver a continuance is necessary because Plaintiff delayed serving Defendants for over a year and half after filing this action.  Defendants contend that the action is not ready for trial because several other named defendants have yet to appear.  The Court’s records show there are 14 named defendants in the complaint but only moving Defendants have answered and only four other defendants have been served.  Further, Defendants argue that despite diligent efforts, Defendants have been unable to obtain essential discovery from Plaintiff.  Defendants assert that Plaintiff has failed to timely respond to Defendants’ written discovery requests, so Defendants have filed multiple motions to compel discovery set for March 10, 2023, which was the earliest available hearing date for the motions.  Defendants contend that they cannot subpoena medical records or analyze the need for a medical examination of Plaintiff without the discovery responses.  Moreover, Defendants aver that there will be no prejudice to any party by continuing the trial date.  The motion is unopposed, and Defendants establish good cause for the continuance.  Furthermore, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, Defendants properly seek to continue trial instead of seeking to specially set the hearing date for their motions to compel responses. 

Defendants’ motion to continue trial is granted.  The May 25, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The May 11, 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.  Further, Plaintiff is ordered to appear and to show cause why defaults have not been entered as to served parties who have not responded to the complaint and why there are named defendants who have not been served in approximately 30 days on ________ at 8:30 a.m.  Plaintiff is put on notice that this matter must be prosecuted with diligence.

Moving Defendants are 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 2^nd day of March 2023