Judge: Audra Mori, Case: 21STCV22076, Date: 2022-09-08 Tentative Ruling

Case Number: 21STCV22076    Hearing Date: September 8, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Kurios Lambert (“Plaintiff”) filed this action against Defendant James Martin Jr. Gaio Trucking, Inc., Lexmar Distribution, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Trial is currently set for December 12, 2022. 

Defendants now move to continue the current trial date to April 11, 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 assert there is good cause to continue the trial date because Defendants were never properly served, and thus, they did not appear in this action until they filed their answers on August 8, 2022.  Further, Defendants attest that several of their experts have scheduling conflicts with the current trial date, including Defendants’ retained medical expert whose first available date for a medical examination is January 2, 2023.  In addition, Defendants contend that essential discovery has not been completed, including multiple depositions, and that the parties are interested scheduling mediation.  Finally, Defendants assert their counsel is engaged in another trial in mid-December in a case that has been granted trial preference and cannot be continued.  The motion is unopposed, and in weighing the factors relevant to a trial continuance, Defendants establish good cause for the requested continuance. 

Defendants’ motion to continue trial is granted.  The December 12, 2022 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The November 28, 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. 

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 8^th day of September 2022