Judge: Daniel M. Crowley, Case: 19STCV11505, Date: 2022-12-16 Tentative Ruling

Case Number: 19STCV11505    Hearing Date: December 16, 2022    Dept: 28

Defendants Los Angeles County Metropolitan Transportation Authority and Andrew Robateau’s Motion to Continue Trial

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

BACKGROUND

On April 3, 2019, Plaintiff Laura Rosales (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and Andrew Robateau (“Robateau”) for motor vehicle negligence.

On April 23, 2021, LACMTA filed an answer. On June 18, 2021, Robateau filed an answer.

On November 14, 2022, Defendants filed a Motion to Continue Trial to be heard on December 16, 2022.

Trial is currently scheduled for January 4, 2023.

PARTY’S REQUESTS

Defendants request that the Court continue trial at least 90-120 days.

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 request the Court grant a brief trial continuance on the basis that discovery was delayed due to Plaintiff’s knee surgery. There are still outstanding medical records to be received and parties wish to seek mediation prior to trial. Given that the delay in discovery occurred despite Defendants’ due diligence, the Court grants the motion.

CONCLUSION

Defendants Los Angeles County Metropolitan Transportation Authority and Andrew Robateau’s Motion to Continue Trial is GRANTED. Trial is continued to April 19, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is April 5, 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.