Judge: Audra Mori, Case: 21STCV23890, Date: 2023-03-08 Tentative Ruling

Case Number: 21STCV23890    Hearing Date: March 8, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Aurora Hernandez Rodriguez (“Plaintiff”) filed this action against Defendant Gruma Corporation (“Defendant”), et al. for damages relating to Plaintiff’s slip/trip and fall on Defendant’s premises.  Trial is currently set for May 5, 2023. 

Defendant now moves to continue the current trial date to December 8, 2023, or to a date thereafter.  Defendant provides that Plaintiff stipulates to the continuance. 

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 there is good cause for a continuance because after Defendant filed its answer on June 7, 2022, Defendant propounded written discovery on Plaintiff, and the parties are now engaged in outstanding discovery issues.  Defendant provides that it has scheduled an Informal Discovery Conference (“IDC”) and filed multiple motions to address the discovery disputes.  The IDC is scheduled for May 12, 2023, and the motions are set for July 12 and 13, 2023.  Defendant contends that the parties thus have been unable to complete discovery despite diligent efforts, as the parties cannot complete depositions or further written discovery until the underlying issues are resolved.  Further, Defendant provides that there has only been one prior trial continuance in this matter and that no prejudice will result to any party from the continuance.  Plaintiff stipulates to the continuance.  (Mot. Luciano Decl. Exh. A.)  Based on the foregoing, Defendant establishes 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 dates for the discovery motions or the IDC. 

Defendant’s motion to continue trial is granted.  The May 5, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The April 21, 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 8^th day of March 2023