Judge: Daniel M. Crowley, Case: 20STCV09076, Date: 2022-08-16 Tentative Ruling

Case Number: 20STCV09076    Hearing Date: August 16, 2022    Dept: 28

Defendant Department of Water and Power’s Motion to Continue Trial

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

BACKGROUND

On March 5, 2020, Plaintiffs Arnulfo Macias (“Macias”), Gabino Galvez (“Galvez”) and Joel Cuevas (“Cuevas”) filed this action against Defendant Department of Water and Power (“LADWP”) and Graham Peace (“Peace”) for dangerous condition of public property and negligence.

Defendants filed an answer on June 2, 2021.

On July 7, 2022, LADWP filed a Motion to Continue Trial to be heard on August 9, 2022. The hearing was continued to August 16, 2022.

Trial is currently scheduled for September 7, 2022.

PARTY’S REQUESTS

LADWP requests the Court continue trial for at least six months.

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

LADWP requests the Court continue trial on the basis that additional time is needed to complete discovery and investigation, due to delays caused by the COVID-19 pandemic. LADWP was not served with the lawsuit until a year after the complaint was initially filed. Discovery, which was served shortly after the answer was filed, requested medical records. The production of these records has been delayed by staffing shortages and limited hours at facilities. In addition, the deposition of Macias has yet to occur due to Macias’s personal family issues that made it impracticable to be deposed from Winter 2021 to Spring 2022. The Court finds there is good cause to grant. Continuance, as LADWP has shown an excused inability to finish discovery prior to trial. In addition, all parties have agreed to a trial continuance. As such, the Court grants the motion.

CONCLUSION

Defendant Department of Water and Power’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 p.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.