Judge: Cherol J. Nellon, Case: 20STCV09076, Date: 2023-04-24 Tentative Ruling

Case Number: 20STCV09076    Hearing Date: April 24, 2023    Dept: 28

Plaintiffs Arnulfo Macias, Gabino Galvez and Joel Cuevas’s Motion to Continue Trial

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

BACKGROUND

On March 5, 2020, Plaintiffs Arnulfo Macias (“Macias”), Gabino Galvez (“Galvez”) and Joel Cuevas (“Cuevas”) filed this action against Defendant Department of Water and Power (“LADWP”) and Graham Peace (“Peace”) for dangerous condition of public property and negligence.

Defendants filed an answer on June 2, 2021. On March 14, 2022, the Court dismissed Peace, without prejudice, pursuant to Plaintiffs’ request.

On April 3, 2023, Plaintiffs filed a Motion to Continue Trial to be heard on April 24, 2023.

Trial is currently scheduled for June 8, 2023.

PARTY’S REQUESTS

Plaintiffs request the Court continue trial to November 2023.

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

Plaintiffs request the Court continue trial to allow time to complete discovery and to attend a mediation prior to trial. Parties are currently attempting to schedule the inspection of the subject truck, an IME and various witness depositions. Additionally, LADWP requires time to review the recently provided medical and billing records. Finally, parties have scheduled mediation for September 2023. LADWP has agreed to the continuance, indicating that no party will be prejudiced by the continuance. The Court finds good cause and grants the motion.

CONCLUSION

Plaintiffs Arnulfo Macias, Gabino Galvez and Joel Cuevas’s Motion to Continue Trial is GRANTED. Trial is continued to November 2, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 19, 2023, 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.