Judge: Audra Mori, Case: 21STCV35055, Date: 2023-02-21 Tentative Ruling

Case Number: 21STCV35055    Hearing Date: February 21, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Jason Bao Tang (“Plaintiff”) filed this action against Defendant Ross Ward, Eric Lawrence Keller, and Kelty Co, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Trial is currently set for March 23, 2023. 

Defendants now move to continue the current trial date August 10, 2023, or to a date thereafter.  No opposition has been filed. 

Defendants filed and electronically served the instant motion on January 31, 2023.  Pursuant to CCP § 1005, all moving and supporting papers must be served and filed at least 16 court days prior to the hearing.  Additionally, “[a]ny period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days.”  (CCP § 1010.6(a)(4)(B).)  Eighteen court days before this hearing would have been January 24, 2023.  Consequently, Defendants did not timely file and serve the motion.[1]

Defendants’ counsel is put on notice that failure to timely file and serve papers in the future will result in matters being taken off calendar.  Because Defendants indicate that all parties stipulate to a trial continuance, if all parties appear on February 21, 2023, and consent to going forward, the Court will rule on the motion as follows:

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 provide that they wish to resolve this matter informally and have agreed to mediate the case in March 2023.  The parties have stipulated to continuing trial, (Mot. Exh. A), and the parties agree there will be no prejudice if the continuance is granted.  Further, Plaintiff’s lead trial counsel will be out on maternity leave in the spring with a return date in late April.  There have been no prior trial continuances in this matter.  The motion is unopposed, and Defendants establishes good cause for the continuance. 

Defendants’ motion to continue trial is granted.  The March 23, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The March 9, 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. 

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 21^st day of February 2023