Judge: Daniel M. Crowley, Case: 21STCV08765, Date: 2022-08-30 Tentative Ruling
Case Number: 21STCV08765 Hearing Date: August 30, 2022 Dept: 28
Defendants Americana La Crescenta, LLC and Realty Center Management, Inc.’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On March 5, 2021, Plaintiff Dawn Marie Larkin-Souther (“Plaintiff”) filed this action against Defendants Americana La Crescenta, LLC (“ALC”) and Realty Center Management, Inc. (“RCM”) for general negligence and premises liability.
On April 13, 2021, Defendants filed an answer.
On July 25, 2022, Defendants filed a Motion to Continue Trial to be heard on August 30, 2022.
Trial is currently scheduled for September 2, 2022.
PARTY’S REQUESTS
Defendants request the Court continue trial to January 30, 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
Defendants state that Plaintiff’s counsel has been unresponsive since around June 26, 2021. Plaintiff has yet to respond to discovery served on April 23, 2021. Plaintiff did not object to or appear for Plaintiff’s properly noticed deposition on June 3, 2022. Plaintiff’s IME was scheduled for August 2, 2022, subsequent to the filing of this motion, but Defendants received no acknowledgement of receiving this notice from Plaintiff's counsel. The Court also notes that there is no indication of Plaintiff being involved in the case since filing according to the Court’s file. As such, the Court finds there is good cause to grant a continuance given that it appears Defendants have been unable to conduct discovery through no fault of their own.
CONCLUSION
Defendants Americana La Crescenta, LLC and Realty Center Management, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to June 30, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 16, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All dates or deadlines are continued to trail the new trial.
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.