Judge: Daniel M. Crowley, Case: 20STCV35988, Date: 2023-02-16 Tentative Ruling

Case Number: 20STCV35988    Hearing Date: February 16, 2023    Dept: 28

Defendant Harout Broutian’s Motion to Continue Trial

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

BACKGROUND

On September 21, 2020, Plaintiff Larysa Kotandzhyan (“Plaintiff”) filed this action against Defendants Broutian Family Trust (“Trust”) and Harout Broutian (“Broutian”) for general negligence and premises liability.

On December 17, 2020, Plaintiff filed the FAC.

On March 19, 2021, Bourtian filed an answer and a Cross-Complaint against Cross-Defendant Roes 1-20 for indemnification, apportionment of fault and declaratory relief.

On January 19, 2023, Broutian filed a Motion to Continue Trial to be heard on February 16, 2023.

Trial is currently scheduled for March 14, 2023.

PARTY’S REQUESTS

Broutian requests the Court continue trial to at least January 26, 2024, in order for their MSJ to be heard prior to trial.

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

Broutian requests the Court continue trial so that his MSJ may be heard prior to trial. Trial is scheduled for March 14, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by February 12, 2023. In order for the MSJ to be heard by that date, it needed to be served by November 29, 2022. The MSJ was filed on November 23, 2022, before the required date of service. The Court finds good cause and grants the motion. 

However, the hearing on the MSJ is set for August 9, 2023—the Court does not see a reason for an additional 4-month continuance, instead granting a shorter continuance.

CONCLUSION

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