Judge: Cherol J. Nellon, Case: 21STCV39974, Date: 2023-03-21 Tentative Ruling

Case Number: 21STCV39974    Hearing Date: March 21, 2023    Dept: 28

Defendants Elham Kohanbashi and Elyassi Payam’s Motion to Continue Trial

Having considered the moving, opposing and reply papers, the Court rules as follows. 

BACKGROUND

On October 29, 2021, Plaintiff Ayah G. Alymansour (“Plaintiff”) filed this action against Defendants Elham Kohanbashi (“Kohanbashi”) and Elyassi Payam (“Payam”) for motor vehicle negligence.

On February 1, 2022, Defendants filed an answer.

On February 21, 2023, Defendants filed a Motion to Continue Trial to be heard on March 21, 2023. On March 8, 2023, Plaintiff filed an opposition. On March 14, 2023, Defendants filed a reply.

Trial is currently scheduled for April 28, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to at least October 31, 2023, in order to complete discovery prior to trial.

Plaintiff requests the Court deny the continuance.

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 attempted to serve subpoena for records and for testimony on Plaintiff’s treating chiropractor, Eddie Oulashian, and the treating facility, Pacific Care Wellness (“PCW”). They have been able to locate Oulashian or PCW, and recently learned that Oulashian and PCW have either moved or went out of business. They are in the process of attempting to locate the relevant parties but need additional time to complete the process. Plaintiff’s IME has been delayed due to inability to procure relevant medical records.

Defendants did not provide a reason as to why they waited an additional 9 months to serve deposition subpoenas. Written discovery responses were served on April 1, 2022. These responses identified Plaintiff’s medical providers. Defendants then waited to take Plaintiff’s deposition until January 2023, and did not serve subpoenas on treatment providers until January and February 2023. Plaintiff has also agreed to not object to the subpoena for medical records, so long as Defendants only request documents related to the body parts at issue.

Parties agreed to mediate the case on March 13, 2023. According to Defendants, this mediation was unsuccessful because Plaintiff produced a 52-page neuropsychology report from October 4, 2022, for the first time. Plaintiff never identified the author of said report during discovery. The report identified new injuries Plaintiff has not disclosed and will require additional experts. Given that Plaintiff did not disclose this information, the Court finds good cause to grant a continuance. Defendants must be given time to review and prepare for these previously undisclosed injuries.

CONCLUSION

Defendants Elham Kohanbashi and Elyassi Payam’s Motion to Continue Trial is GRANTED. Trial is continued to October 31, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 17, 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.