Judge: Daniel M. Crowley, Case: 21STCV15878, Date: 2022-09-09 Tentative Ruling
Case Number: 21STCV15878 Hearing Date: September 9, 2022 Dept: 28
Defendant Barry Smolin’s Motion to Continue Trial
Having considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On April 27, 2021, Plaintiff Jane Doe (“Plaintiff”) filed this action against Defendants Los Angeles Unified School District (“LAUSD”) and Barry Smolin (“Smolin”) for childhood sexual abuse.
On August 13, 2021, Plaintiff filed the FAC.
On September 16, 2021, LAUSD filed an answer. On October 1, 2021, Smolin filed an answer.
On August 10, 2022, Smoling filed a Motion to Continue Trial to be heard on September 9, 2022. On August 26, 2022, LAUSD filed a joinder. On August 26, 2022, Plaintiff filed an opposition. On August 31, 2022, Smolin filed a reply.
Trial is currently scheduled for February 16, 2023.
PARTY’S REQUESTS
Smolin requests the Court continue trial to March 20, 2023. LAUSD joins.
Plaintiff requests the Court deny the motion.
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
Smolin requests the Court continue trial to allow Defendants to complete discovery. Smolin specifically notes that there is a discovery dispute set for an IDC of October 6, 2022, to discuss Plaintiff produce all relevant diaries and journals. Plaintiff will then need time to provide them, if the Court agrees, and Defendants will need time to review them. Smolin also referenced that they intend to take Plaintiff’s IME but have provided no reason it has yet to occur yet.
The Court finds grounds to grant a short continuance so that parties can resolve the issue regarding the diaries and have time to provide discovery, if the Court deems it warranted.
CONCLUSION
Defendant Barry Smolin’s Motion to Continue Trial is GRANTED. Trial is continued to December 13, 2022, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 29, 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.
The parties are directed to the header of this tentative ruling for further instructions.