Judge: Daniel M. Crowley, Case: 20STCV10433, Date: 2022-08-10 Tentative Ruling

Case Number: 20STCV10433    Hearing Date: August 10, 2022    Dept: 28

Defendant City of Long Beach’s Motion to Continue Trial

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

BACKGROUND

On March 13, 2020, Plaintiff Gene Parsons (“Plaintiff”) filed this action against Defendants City of Long Beach (“City”), County of Los Angeles (“County”) and State of California (“State”) for general negligence and premises liability.

On July 12, 2021, the City filed an answer; it amended its answer on July 22, 2021. On July 26, 2021, the State filed its answer.

On July 14, 2021, the Court dismissed the County, without prejudice, pursuant to Plaintiff’s request. On January 14, 2022, the Court dismissed State, without prejudice, pursuant to Plaintiff’s request.

On July 13, 2022, the City filed a Motion to Continue Trial to be heard on August 10, 2022.

Trial is currently scheduled for September 30, 2022.

PARTY’S REQUESTS

The City requests the Court continue trial to March 16, 2023.

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,” 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 have agreed to undergo private mediation on November 21, 2022. In addition, discovery, specifically depositions of the City’s employees and Plaintiff, is still ongoing. These depositions are currently being scheduled, and parties will likely need more time beyond the mediation date to fully complete discovery. As parties have stipulated to a continuance, there is no indication of prejudice should the Court grant the motion. As such, the Court finds there is good cause to grant the continuance.

CONCLUSION

Defendant City of Long Beach’s Motion to Continue Trial is GRANTED. The trial date is continued to March 20, 2023, at 8:30 a.m. in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to March 6, 2023, at 10:00 a.m. in Department 28 in the Spring Street Courthouse. All applicable dates now 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.