Judge: Audra Mori, Case: 21STCV03000, Date: 2023-01-05 Tentative Ruling

Case Number: 21STCV03000    Hearing Date: January 5, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Stephanie Passaro (“Plaintiff”) filed this action against Defendant Scott David Amos (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for January 25, 2023. 

At this time, Plaintiff and Defendant jointly move to continue the current trial date to July 24, 2023, or a date convenient for the Court.

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, the parties provide they have stipulated to the requested continuance, (Mot. Exh. 1), and that they require additional time to complete discovery, including the depositions of percipient witnesses.  Further, the parties state that they have agreed to mediate this matter, but the earliest availability for their chosen mediator is April 4, 2023, which the parties have reserved.  The parties agree there will be no prejudice to any party by continuing the trial date and that the interests of justice are served by continuing trial.  Additionally, the Court’s records show that there has been only one prior trial continuance in this matter.  The parties, therefore, establish good cause for the continuance. 

The motion to continue trial is granted.  The January 25, 2023 trial date is continued to July 25, 2023 at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The January 11, 2023 Final Status Conference is continued to July 11, 2023 at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are to be based on 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 5^th day of January 2023