Judge: Audra Mori, Case: 21STCV29039, Date: 2023-01-09 Tentative Ruling

Case Number: 21STCV29039    Hearing Date: January 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 6, 2021 Plaintiff Lenin Quinones (“Plaintiff”) filed this action against defendants Ruben Anaya (“Anaya”), Ruben’s Towing Service, J & H Tire, Josue Paniagua, Isaac Verduzco, and Kevin Guevara Carranza for damages arising from a motor vehicle accident.  Trial is currently set for February 3, 2023. 

Plaintiff now moves to continue the current trial date June 2023, or a date thereafter. 

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, Plaintiff contends there is good cause to continue the trial date because the case is not yet at issue.  Plaintiff asserts that defendant Anaya passed away on March 3, 2022, and a personal representative was just appointed on September 8, 2022, so Plaintiff needs time to make a claim in probate and substitute the personal representative for Anaya as a defendant.  Additionally, Plaintiff asserts that his current counsel just substituted into the case on November 9, 2022, and Plaintiff’s counsel needs additional time to conduct discovery and prepare for trial.  Plaintiff contends that his current counsel has acted diligently in working to serve all defendants since substituting into the action.  Further, Plaintiff asserts that that he conferred with counsel in the related case of Carranza v. Paniagua, et al., 20STCV40029, regarding filing a motion for consolidation.  Plaintiff avers that no party will be prejudiced by the continuance.  The motion is unopposed, and Plaintiff establishes good cause for the continuance. 

Plaintiff’s motion to continue trial is granted.  The February 3, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The January 20, 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. 

Plaintiff 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 9^th day of January 2023