Judge: Cherol J. Nellon, Case: 20STCV03111, Date: 2023-04-07 Tentative Ruling

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Case Number: 20STCV03111    Hearing Date: April 7, 2023    Dept: 28

Defendants One West Bank, CIT Group, Inc. and CIT Bank, N.A’s Motion to Continue Trial

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On January 23, 2020, Plaintiff Hovannes Kiramittchian (“Plaintiff”) filed this action against Defendants City of Los Angeles (“City”), County of Los Angeles (“County”), One West Bank (“OWB”), CIT Group, Inc. (“CITG”) and CIT Bank, N.A. (“CITB”) for general negligence and premises liability.

On November 19, 2021, Plaintiff filed the FAC.

On January 12, 2022, the City filed an answer. On April 14, 2022, the County was dismissed, without prejudice, pursuant to Plaintiff’s request. On May 4, 2022, OWB, CITG and CITB filed an answer.

On March 9, 2023, OWB, CITG and CITB (“Moving Defendants”) filed a Motion to Continue Trial to be heard on April 7, 2023.

Trial is currently scheduled for October 30, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court continue trial to at least January 2024.

LEGAL STANDARD

CRC rule 3.1332(b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

Under CRC 3.1332(c), The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served. CRC 3.1332(d).

DISCUSSION

Moving Defendants request the Court continue trial so that their MSJ may be heard prior to trial. Trial is scheduled for October 30, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by September 30, 2023. For the MSJ to be heard by that date, it needs to be served by July 17, 2023. Moving Defendants have yet to file the MSJ, but still have substantial time before the date of service; the reserved date is simply based on the Court’s impacted calendar. The Court finds good cause and grants the motion. 

CONCLUSION

Defendants One West Bank, CIT Group, Inc. and CIT Bank, N.A’s Motion to Continue Trial is GRANTED. Trial is continued to January 18, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is January 4, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates are set to trail the new trial date.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.