Judge: Daniel M. Crowley, Case: 19STCV11226, Date: 2022-12-15 Tentative Ruling

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Case Number: 19STCV11226    Hearing Date: December 15, 2022    Dept: 28

Defendant City Center Parking, Inc.’s Motion to Continue Trial

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

BACKGROUND

On April 2, 2019, Plaintiff Femi Porter (“Plaintiff”) filed this action against Defendant

Paragon Parking, Inc. (“Paragon”) and Shomof’s, LLC (“Shomof’s”) and Izek Shomof (“Izek”) for general negligence and premises liability.

On March 4, 2020, Paragon filed an answer and a Cross-Complaint against Cross-Defendants ROES 1-20 for equitable indemnity and declaratory relief. On June 5, 2020, Paragon dismissed the Cross-Complaint, with prejudice.

On April 27, 2020, Shomof’s and Izek were dismissed, without prejudice, pursuant to Plaintiff’s request. On June 3, 2020, Paragon was dismissed, with prejudice, pursuant to Plaintiff’s request.

On October 21, 2020, Plaintiff filed a FAC against all Defendants. Plaintiff amended the complaint to include Defendants City Center Parking, Inc. (“CCP”), Aline Shomof (“Aline”) and Eric (“Eric”).

On March 26, 2021, Izek and Shomof’s filed an answer and a Cross-Complaint against Cross-Defendant CCP for implied indemnity, contribution and express indemnity. CCP filed an answer on July 8, 2021.

On July 8, 2021, CCP filed an answer. On September 16, 2021, Aline and Eric filed an answer.

On November 21, 2022, CCP filed a Motion to Continue Trial to be heard on December 15, 2022.

Trial is currently scheduled for April 28, 2022.

PARTY’S REQUESTS

CCP requests the Court continue trial to April 28, 2022. All parties have stipulated to this request.

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.” 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

There exists good cause to continue trial. Parties have a mediation scheduled for January 3, 2023. The Court will grant a short continuance so that parties may engage in mediation, with additional time to prepare for trial if parties are unable to settle.

CONCLUSION

Defendant City Center Parking, Inc.’s Motion to Continue Trial is GRANTED. The trial date is continued to March 13, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for March 1, 2023, at 10:00 a.m., at Department 28 in the Spring Street Courthouse. All pretrial dates are continued, based on 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.