Judge: Daniel M. Crowley, Case: 20STCV30801, Date: 2022-08-23 Tentative Ruling

Case Number: 20STCV30801    Hearing Date: August 23, 2022    Dept: 28

Defendant Los Angeles Country Metropolitan Transporation Authority’s Motion to Continue Trial

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

BACKGROUND

On August 14, 2020, Plaintiff Frederick Fulton (“Plaintiff”) filed this action against Defendant Los Angeles County Metropolitan Transporation Authority (“Defendant”).

On November 12, 2020, Defendant filed an answer.

On July 27, 2022, Defendant filed a Motion to Continue Trial to be heard on August 23, 2022.

Trial is currently scheduled for September 22, 2022.

PARTY’S REQUESTS

Defendant requests the Court continue trial to December 15, 2022, 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

Defendant requests a continuance on the basis that parties have scheduled a mediation for September 7, 2022, and that parties will not have sufficient time to prepare for both mediation and trial as currently scheduled. Plaintiff has stipulated to a trial continuance. Trial has been rescheduled twice before—however, as parties are planning to go to mediation, the Court will grant a short continuance.

CONCLUSION

Defendant Los Angeles Country Metropolitan Transporation Authority’s Motion to Continue Trial is GRANTED. Trial is continued to November 8, 2022, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 25, 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.