Judge: Audra Mori, Case: 21STCV03015, Date: 2023-01-19 Tentative Ruling

Case Number: 21STCV03015    Hearing Date: January 19, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Kaitlyn Adams (“Plaintiff”) filed this action against Defendant Kate Lebenzon (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for February 2, 2023. 

Defendant now moves to continue the current trial date to July 24, 2023. 

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 her current defense counsel took over this matter from prior defense counsel on November 9, 2022, and that her current counsel requires additional time to fully review the case file.  Further, Defendant provides that the parties have a scheduled mediation for January 19, 2023, the same day as the Final Status Conference in this matter.  Additionally, Defendant states that defense counsel currently has five trials set between this motion and the current trial date in this matter, including a trial that defense counsel is set to being in another action on February 1, 2023.  Defendant contends that additional time is also required to obtain Plaintiff’s medical records and to conduct a physical medical examination of Plaintiff. 

In opposition, Plaintiff contends there is not good cause to continue the trial date.  Plaintiff argues that Defendant has been represented in this matter since the beginning, and that Defendant has delayed in completing discovery.  Plaintiff further argues that Defendant fails to make a showing of irreparable harm and prejudice to justify the continuance.  Plaintiff further points out that new defense counsel has done virtually nothing to advance the case since taking it.

In reply, Defendant asserts that Plaintiff fails to show that Plaintiff will be prejudiced if the continuance is granted.  Defendant contends that she requires additional time to obtain Plaintiff’s medical records from her out of state provider, and that discovery has not been completed.  Defendant asserts that her counsel is currently engaged in trial in another matter, and that there are no alternative means to address this issue. 

The relevant factors weigh in favor of a continuance.  There has only been one prior trial continuance in this action, and Defendant’s counsel appears to be currently engaged in trial in another matter.  There are no alternative means identified to address the outstanding discovery issues, and the parties are set to participate in mediation on January 19, 2023.  A continuance will allow the parties to adequately prepare for trial, and Plaintiff does not identify any prejudice that Plaintiff will suffer if the continuance is granted.  However, as Plaintiff asserts, Defendant has been represented by counsel since first appearing in this action.  Consequently, the parties must proceed diligently and should expect no further continuances.  They must plan all motion and discovery practice accordingly. 

Based on the foregoing, Defendant’s motion to continue trial is granted.  The February 2, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The Final Status Conference is set for _______________ 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 19^th day of January 2023