Judge: Daniel M. Crowley, Case: 20STCV36290, Date: 2022-09-22 Tentative Ruling

Case Number: 20STCV36290    Hearing Date: September 22, 2022    Dept: 28

Defendant Los Angeles County MTA’s Motion to Continue Trial

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

BACKGROUND

On September 23, 2020, Plaintiff Gilberto Avendano (“Plaintiff”) filed this action against Defendant Los Angeles County MTA (“Defendant”) for general negligence and premises liability.

On November 12, 2020, Defendant field an answer.

On June 30, 2021, Plaintiff filed the FAC. A stipulation was filed to keep the already existent answer.

On August 26, 2022, Defendant filed a Motion to Continue Trial to be heard on September 22, 2022.

Trial is currently scheduled for December 14, 2022.

PARTY’S REQUESTS

Defendant requests the Court continue trial to June 14, 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

Defendant requests the Court continue trial so that Defendant can conduct a neurological evaluation of Plaintiff; Defendant recently learned that Plaintiff underwent neurological evaluation and wish to have a relevant IME conducted prior to trial. Plaintiff will not stipulate to the IME and thus there is an upcoming motion to compel set for November 10, 2022. This will not leave enough time prior to trial to conduct the IME and prepare. As such, the Court finds good cause to grant the motion.

CONCLUSION

Defendant Los Angeles County MTA’s Motion to Continue Trial is GRANTED. Trial is continued to July 7, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 23, 2023, at 10:30 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.