Judge: Daniel M. Crowley, Case: 19STCV31766, Date: 2022-10-06 Tentative Ruling

Case Number: 19STCV31766    Hearing Date: October 6, 2022    Dept: 28

Defendant Los Angeles Unified School District’s Motion to Continue Trial

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

BACKGROUND

On September 9, 2019, Plaintiff Patricia Velazquez Guerra (“Plaintiff”) filed this action against Defendant Los Angeles Unified School District (“Defendant”).

On March 12, 2021, Defendant filed an answer.

On September 9, 2022, Defendant filed a Motion to Continue Trial to be heard on September 27, 2022.

Trial is currently scheduled for December 16, 2022.

PARTY’S REQUESTS

Defendant requests the Court continue trial to September 27, 2023.

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 seeks a continuance on the basis that discovery is unfinished. Defendant has yet to take Plaintiff’s deposition or IME due to Plaintiff’s unavailability, as well as the deposition of her Guardian Ad Litem. These are currently scheduled for October 12, 2022. In addition, Plaintiff has recently started receiving additional medical treatment, which mandates additional discovery. Defendant was owed discovery responses on September 13, 2022. Parties are also open to settlement but need to finish discovery prior to discussions about settlement or mediation.

Based on the above, the Court grants a short continuance. The Court will not continue the matter as long as counsel requests, however.  The case is over 3 years old.  The court considers the dates parties have advised they are unavailable.

CONCLUSION

Defendant Los Angeles Unified School District’s Motion to Continue Trial is GRANTED. Trial is continued to February 3, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is January 20, 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.