Judge: Cherol J. Nellon, Case: 21STCV14878, Date: 2023-05-11 Tentative Ruling

Case Number: 21STCV14878    Hearing Date: May 11, 2023    Dept: 28

Defendant City of Los Angeles’s Motion to Continue Trial

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

BACKGROUND

On April 20, 2021, Plaintiffs Brandy Menard (“Menard”) and B.M. filed this action against Defendants City of Los Angeles (“City”) and Ojore Weems (“Weems”) for wrongful death, negligence, premises liability and survival.

On August 25, 2022, the City filed an answer. On September 16, 2022, the City filed a Cross-Complaint against Cross-Defendant Weems for indemnification, apportionment of fault and declaratory relief. On April 13 ,2023, Weems filed an answer.

On March 29, 2023, Weems field an answer.

On March 24, 2023, the City filed a Motion to Continue Trial to be heard on April 27, 2023. The Court continued the hearing on the motion to May 11, 2023.

Trial is currently scheduled for May 31, 2023.

PARTY’S REQUESTS

The City requests the Court continue trial.

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

The City requests the Court continue trial, as Weems has only recently appeared in the case. Weems had not appeared in this case at the time of filing this motion but has since filed responsive pleadings to both the complaint and the cross-complaint. Plaintiff and the City agreed to delay taking depositions of City witnesses until after Weems appeared to avoid subjecting said witnesses to multiple depositions. The Court finds good cause to allow all parties time to conduct discovery. The City did not make a particular request as to time, so the Court grants a six-month continuance.

CONCLUSION

Defendant City of Los Angeles’s Motion to Continue Trial is GRANTED. Trial is continued to December 12, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 28, 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.