Judge: Audra Mori, Case: 21STCV27537, Date: 2023-01-06 Tentative Ruling

Case Number: 21STCV27537    Hearing Date: January 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Adrian Arreola Molina (“Plaintiff”) filed this action against Defendant Mirey Ferrer (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for January 24, 2023. 

Defendant now moves to continue the current trial date for 120 days.  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, Defendant asserts that the parties have been diligent in conducting discovery, but Defendant has been unable to obtain essential testimony and material evidence.  More specifically, Defendant contends that Defendant has been attempting to coordinate a medical examination of Plaintiff since October, but the proposed dates did not work for Plaintiff.  Defendant avers that Plaintiff is alleging multiple injuries, including to his spine, as a result of the accident, and that Defendant will be unfairly prejudiced if forced to go to trial without a medical exam of Plaintiff.  Additionally, Defendant states that defense counsel is scheduled to begin trial in another matter that conflicts with the trial date in this action, and that the parties intend to proceed with the trial in that action on January 27, 2023.  Moreover, there have been no prior continuances in this case, and Defendant is requesting only a brief continuance.  The motion is unopposed, and although it is noted that Defendant has not filed a motion to compel a medical examination of Plaintiff, Defendant establishes sufficient good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The January 24, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The January 10, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are to be based on the new trial date.  The parties are put on clear notice that they should expect the case to go to trial on the new date.  They should plan the case accordingly; failure to obtain discovery expeditiously weighs against the granting of any further continuances. 

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 6^th day of January 2023