Judge: Audra Mori, Case: 21STCV17484, Date: 2022-10-17 Tentative Ruling

Case Number: 21STCV17484    Hearing Date: October 17, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Blanca Gamez (“Plaintiff”) filed this action against Defendants Roselyn Valdez and Adam Leff (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Trial is currently set for November 4, 2022.  

Defendants now move to continue the current trial date to July 17, 2023, or a date thereafter.  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 assert that they must file a motion compelling a non-party to comply with a deposition subpoena for the production of business records, but as of September 8, 2022, the first available hearing date for such a motion was March 7, 2023.  Defendants filed the motion to compel compliance with the subpoena on September 19, 2022.  Additionally, Defendants contend that because of Plaintiff’s repeated delays, Plaintiff’s deposition was not completed until August 18, 2022, and that based on Plaintiff’s testimony, Defendants must conduct a physical examination of Plaintiff.  Defendants aver, however, that the soonest available date for their expert to conduct an exam is November 8, 2022.  Defendants provide that there have been no prior continuances, and they contend they will be prejudiced if they are unable to fully evaluate Plaintiff’s claims prior to trial.  The motion is unopposed, and Defendants establish good cause for the continuance.  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. 

Defendants’ motion to continue trial is granted.  The November 4, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 21, 2022 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. 

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 17^th day of October 2022