Judge: Cherol J. Nellon, Case: 21STCV08765, Date: 2023-04-04 Tentative Ruling
Case Number: 21STCV08765 Hearing Date: April 4, 2023 Dept: 28
Case Number: 21STCV08765 DAWN MARIE LARKIN VS AMERICANA LA CRESCENTA LLC
Defendants Americana La Crescenta LLC and Realty Center Management, Inc.’s Motion to Continue Trial
Having considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On March 5, 2021, Plaintiff Dawn Marie-Larkin Souther (“Plaintiff”) filed this action against Defendants Americana La Crescenta LLC (“ALC”) and Realty Center Management, Inc. (“RCM”) for general negligence and premises liability.
On April 12, 2021, Defendants filed an answer.
On March 9, 2023, Defendants filed a Motion to Continue Trial to be heard on April 4, 2023. On March 21, 2023, Plaintiff filed an opposition. On March 27, 2023, Defendants filed a reply.
Trial is currently scheduled for June 30, 2023.
PARTY’S REQUESTS
Defendants request the Court continue trial to December 29, 2023.
Plaintiff requests the Court deny the motion.
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
Defendants argue that, despite this case being commenced in March of 2021, discovery did not meaningfully begin until November 17, 2022, when Plaintiff filed an association of attorney. Plaintiff’s original counsel failed to provide timely discovery responses, taking over a year to serve substantive responses. Plaintiff failed to appear for both her IME and deposition noticed prior to November 2022. Due to this, all discovery has been delayed—Defendants recently received over 600 pages of medical and billing records and are expecting more as providers continue to respond to subpoena. There are still multiple witness depositions to complete, as well as Plaintiff’s own deposition. Defendants also timely filed a MSJ 105 days prior to the current trial date; due to the Court’s impacted calendar, this MSJ is not set to be heard until after the current date.
Plaintiff argues that Defendants should have more diligently pursued discovery. For example, Plaintiff states that Defendants failed to serve timely subpoena following the August 2022 discovery responses. Defendants note in their responses that Plaintiff did not provide all providers or documents in the initial discovery responses, including those provided in the January 2023 transmittal of documents.
Based on the above, the Court finds good cause and grants the continuance.
CONCLUSION
Defendants Americana La Crescenta LLC and Realty Center Management, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to December 22, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is December 8, 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.