Judge: Audra Mori, Case: 21STCV28253, Date: 2022-12-15 Tentative Ruling

Case Number: 21STCV28253    Hearing Date: December 15, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Marlo Hempstead (“Plaintiff”) filed this action against defendants Game Sports Bar and Grill, LLC, Tyrei Lacy, Sylvia Lacy, 5600 Gateway Center, LLC, H.B.D. Incorporated, Burger King Corporation for damages relating to an incident where Plaintiff alleges a security guard working for defendants pulled a gun and shot Plaintiff outside of a bar.  Trial is currently set for January 30, 2023. 

Defendants Game Sports Bar And Grill, LLC, Tyrei Lacy, and Sylvia Lacy (collectively, “Defendants”) now move to continue the current trial date to August 28, 2023.  No opposition 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 Plaintiff has not responded to any of Defendant’s discovery, and that Defendants have reserved an Informal Discovery Conference for March 2, 2023, to address the discovery issues.  Defendants assert this was the first available date for an IDC.  Further, Defendants aver they have discovered grounds for a motion for summary judgment, but the earliest available date was June 29, 2023, which Defendants have reserved.  Defendants assert they also require additional time to depose the officer that participated in investigating the subject incident.  Defendants contend they will suffer irreparable harm if the trial date is not continued.    

The motion is unopposed, and Defendants establish good cause for the continuance.  There have been no prior trial continuances in this matter, and no alternative means are identified to address the above issues.  Moreover, 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 Informal Discovery conference. 

Defendants’ motion to continue trial is granted.  The January 30, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The January 17, 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.  Defendants are put on notice that they must pursue discovery and motion practice in this matter diligently, as the Court is not inclined to grant further continuances.    

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 15^th day of December 2022