Judge: Audra Mori, Case: 21STCV10777, Date: 2023-01-06 Tentative Ruling

Case Number: 21STCV10777    Hearing Date: January 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Silvana Moretti Vieira Palmieri (“Plaintiff”) filed this action against defendants City of Beverly Hills and Douglas Emmett 2013, LLC for damages relating to the alleged wrongful death of Helena Santos (“Decedent”).  Plaintiff alleges Decedent was standing in a line on a sidewalk on October 7, 2018, and that when the line moved forward, Decedent stepped into a large crack in the pavement that caused her to trip and fall.  Decedent fractured her right hip, underwent multiple surgeries, and contracted an infection at the surgery site.  After treatment for the infection, Decedent developed further complications and died.  Trial is currently set for June 16, 2023. 

Plaintiff now moves to continue the current trial date to November 7, 2023.  No opposition 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, Plaintiff contends that because of the addition of cross-defendants Skanska Traylor Shea and Los Angeles County Metropolitan Transportation Authority in recent months, there is insufficient time prior to trial to complete discovery as to all parties.  Further, Plaintiff provides that Plaintiff’s counsel will be out of the country on the current trial date to attend his daughter’s wedding and will be unavailable for trial.  The motion is unopposed, and all parties have stipulated to the requested trial continuance.  (Mot. Exh. A.)  There has only been one previous trial continuance in this action.  Plaintiff, thus, establishes good cause for the continuance. 

Plaintiff’s motion to continue trial is granted.  The June 16, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The June 2, 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. 

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 6^th day of January 2023