Judge: Audra Mori, Case: 21STCV13985, Date: 2022-10-26 Tentative Ruling

Case Number: 21STCV13985    Hearing Date: October 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Barbara Spatz (“Plaintiff”) filed this action against Defendant City of Bell Gardens (“Defendant”), et al. for injuries Plaintiff sustained after Plaintiff’s front bicycle tire got stuck in a non-cross hatched vertical grate, which caused Plaintiff to fall from her bicycle.  Trial is currently set for May 24, 2023.

Defendant now moves to continue the current trial date to October 30, 2023, or a date thereafter.  Plaintiff has filed a notice of non-opposition, and no opposition to the motion has otherwise 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, Defendant asserts that after conducting initial discovery in this matter, it has obtained facts warranting a motion for summary judgment.  Defendant asserts it reserved the first available hearing date for a summary judgment motion, which was September 26, 2023, after the current trial date.  Further, Defendant asserts that Plaintiff has recently added new defendants to this matter and additional time is required to conduct further discovery regarding these new parties.  Defendant contends there will be no prejudice to Plaintiff by the continuance, but Defendant will be substantially prejudiced if its motion for summary judgment is not heard.  The motion is unopposed, and Defendant establishes good cause for the continuance in light of the fact Defendant cannot obtain a hearing date for its motion for summary judgment prior to the current trial date.  Moreover, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, Defendant properly seeks to continue trial instead of seeking to specially set the hearing date.  Additionally, Defendant is making this motion approximately seven months prior to trial, as opposed to waiting until the eve of trial, and Defendant indicates additional time is required to complete discovery as to recently added parties. 

Defendant’s motion to continue trial is granted.  The May 24, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The May 10, 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. 

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 26^th day of October 2022