Judge: Cherol J. Nellon, Case: 21STCV03729, Date: 2023-04-19 Tentative Ruling

Case Number: 21STCV03729    Hearing Date: April 19, 2023    Dept: 28

Defendant Los Angeles County Metropolitan Transportation Authority’s Motion to Continue Trial

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

BACKGROUND

On January 29, 2021, Plaintiff Quiwaneca Spikes (“Plaintiff”) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) for motor vehicle negligence, public entity's liability pursuant to GC § 820.2 through 823 and Public entitle liability based on GC § 815.2 and 815.4.

On July 15, 2021, Defendant filed an answer.

On March 15, 2023, Defendant filed a Motion to Continue Trial to be heard on April 19, 2023.

Trial is currently scheduled for May 17, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial at least 180 days.

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

Defendant requests the Court continue trial so that Defendant can complete discovery prior to trial. Defendant timely served discovery, to which Plaintiff has failed to provide timely, code-compliant responses. Defendant has upcoming discovery motions set for June, after the current trial date. Should the Court grant said motions, responses will likely not be served until July—parties will need additional time to then review responses and prepare for trial. The Court finds good cause and grants the motion.

CONCLUSION

Defendant Los Angeles County Metropolitan Transportation Authority’s Motion to Continue Trial is GRANTED. Trial is continued to November 3, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 20, 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.