Judge: Daniel M. Crowley, Case: 20STCV27632, Date: 2023-03-03 Tentative Ruling

Case Number: 20STCV27632    Hearing Date: March 3, 2023    Dept: 28

Defendant County of Los Angeles’s Motion to Continue Trial

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

BACKGROUND

On July 22, 2020, Plaintiff Favian Villalpando (“Plaintiff”) filed this action against Defendant County of Los Angeles (“Defendant”) for premises liability.

On September 4, 2020, Defendant filed an answer.

On January 27, 2023, Defendant filed a Motion to Continue Trial to be heard on March 3, 2023.

Trial is currently scheduled for June 15, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to October 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

The Court finds good cause to grant a brief continuance. Defendant’s counsel will be unavailable from June 17, 2023, to July 5, 2023. Additionally, parties are still finishing discovery, including three to five witness depositions. Additional time would allow for parties to complete discovery prior to trial. Parties have stipulated to a continuance, indicating neither party will be prejudiced by the continuance. Therefore, the Court grants the motion.

CONCLUSION

Defendant County of Los Angeles’s Motion to Continue Trial is GRANTED. Trial is continued to October 17, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 26, 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.