Judge: Cherol J. Nellon, Case: 21STCV33361, Date: 2023-05-15 Tentative Ruling

Case Number: 21STCV33361    Hearing Date: May 15, 2023    Dept: 28

Defendant Los Angeles Dodgers, LLC’s Motion to Continue Trial

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

BACKGROUND

On September 1, 2020, Plaintiff Lauren Magnanimo (“Plaintiff”) filed this action against Defendant Los Angeles Dodgers, LLC (“Defendant”) for general negligence.

On September 21, 2022, Defendant filed an answer.

On March 30, 2023, Defendant filed a Motion for Continue Trial to be heard April 26, 2023. The Court continued the hearing to May 15, 2023.

Trial is currently scheduled for October 2, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to April 2, 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

Defendant requests the Court continue trial to allow time to complete discovery. Defendant claims they have not been able to obtain medical records and other discovery needed to prepare for trial; trial is approximately 5 months away. The upcoming discovery hearings are set for late June at the latest, meaning Defendant will at least have multiple months to conduct discovery based on any responses derived from these motions. The Court does not find good cause to continue the trial date at this time, as there is still ample time to prepare for trial. Should parties need more time to conduct discovery, despite their due diligence, at a time closer to the trial date, the Court is willing to reconsider a continuance. The Court denies this motion.

CONCLUSION

Defendant Los Angeles Dodgers, LLC’s Motion to Continue Trial is DENIED.

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.