Judge: Audra Mori, Case: 21STCV14375, Date: 2022-09-30 Tentative Ruling

Case Number: 21STCV14375    Hearing Date: September 30, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Mauro Boteo (“Plaintiff”) filed this action against defendants Jerry Dean Ethridge, et al. for damages arising from a motor vehicle accident.  Trial is currently set for October 13, 2022. 

Defendants Jerry Dean Ethridge (“Ethridge”) and Kings Freightway, Inc. (collectively, “Defendants”) now move to continue the current trial date to a date after October 23, 2023.  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 additional time is necessary to complete discovery.  Defendants assert they appeared in the action only recently in May 2022 and have been diligent in conducting discovery, but Plaintiff has not served responses to written discovery.  Further, Defendants provide that a motion to intervene on behalf of defendant Ethridge has been filed by Ethridge’s insurer and is set for hearing on February 23, 2023.  Moreover, Defendants assert they are preparing a motion for summary judgment, which is scheduled for July 13, 2023.  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 the motion to intervene or the motion for summary judgment, as the Court’s calendar is impacted.  No party opposes the motion, and there is no evidence of prejudice to any party due to the continuance.  Furthermore, Defendants assert that additional time is needed to complete discovery because no depositions have been taken and Plaintiff has not responded to written discovery.  Defendants establish good cause for the continuance. 

Defendants’ motion to continue trial is unopposed and granted.  The October 13, 2022trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The September 29, 2022 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cut-off dates are continued to reflect the new trial date. 

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 30^th day of September 2022