Judge: Daniel M. Crowley, Case: 19STCV38110, Date: 2022-09-08 Tentative Ruling

Case Number: 19STCV38110    Hearing Date: September 8, 2022    Dept: 28

Plaintiff Chellie Schou’s Motion to Continue Trial

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

BACKGROUND

On October 22, 2019, Plaintiff Chellie Schou (“Plaintiff”) filed this action against Defendant City of Los Angeles (“Defendant”) for negligence and dangerous premises.

On May 7, 2020, Defendant filed an answer.

On August 5, 2022, Plaintiff filed a Motion to Continue Trial to be heard on September 8, 2022.

Trial is currently scheduled for September 29, 2022.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to four to six months, and to have all relevant dates trail the new trial date. 

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

Parties request the Court grant a continuance as Plaintiff’s attorney will be out of the country at the time of trial and there is still ongoing discovery that has yet to be completed due to no fault of either party. Depositions of Defendant’s employees have been noticed several times but have been unable to move forward due to issues concerning the ongoing pandemic. Given that this case has been continued twice before, the Court will only grant a brief continuance.

CONCLUSION

Plaintiff Chellie Schou’s Motion to Continue Trial is GRANTED. Trial is continued to December 2, 2022, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 18, 2022, 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.