Judge: John J. Kralik, Case: 22BBCV01083, Date: 2023-08-18 Tentative Ruling

Case Number: 22BBCV01083    Hearing Date: August 18, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Karen Sarkisyan (“Plaintiff”) alleges on August 27, 2021, Defendant Linda Montana (“Defendant”) made an illegal left-handed U-turn over a double yellow lines and impacted Plaintiff’s vehicle in Sun Valley. 

The complaint, filed November 28, 2022, alleges causes of action for: (1) motor vehicle and (2) general negligence. 

B.     Motion on Calendar

On July 19, 2023, Defendant filed a motion to continue the trial and all trial-related dates. 

The Court is not in receipt of an opposition brief.  On August 10, 2023, Defendant filed a notice of non-opposition stating that she has not received an opposition brief to the motion.  

DISCUSSION

            Defendant moves to continue the trial date and all related dates in order to accommodate a scheduled mediation with Mitch C. Green, Esq. on September 13, 2023.  The Final Status Conference is currently scheduled for September 28, 2023 and the Jury Trial date is scheduled for October 2, 2023.  Defendant seeks a continuance of the trial date to February 19, 2024 or anytime thereafter.

“Continuances are granted only on an affirmative showing of good cause requiring a continuance.”  (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.)  A trial court has broad discretion with regard to denying a request for a trial continuance.  (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)  CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial.

            Defendant argues that this motion is being brought in good faith because Plaintiff has not opposed the motion and has executed a stipulation in support of the trial continuance, Defendant will suffer irreparable harm and prejudice without a trial continuance by being forced to incur expenses, there is a potential for settlement of the case at the scheduled mediation on September 13, 2023 with Mr. Green, the parties have been conducting discovery but are concerned that they cannot complete discovery in a timely manner as they are focusing on mediation, and they would like additional time to permit the parties to finalize discovery and retain experts. 

            Defendant also argues that there is good cause to grant the motion pursuant to CRC, Rule 3.1332 because the trial date is approaching, there have been no prior trial continuances, the requested trial continuance is modest in that Defendant seeks only a 4-month continuance, and the interests of justice would be served by continuing the trial and all trial-related dates. 

            The Court finds that there is merit to granting this motion to continue the trial date.  Pursuant to CRC, Rule 3.1332, the Court finds that Defendant has shown good cause for granting a continuance.  This is the first continuance requested by any of the parties in this action and the continuance is modest at only 4 months.  Thus, it is unlikely that any parties would be prejudiced by the continuance.  Further, the parties have stipulated to a trial continuance in order to pursue mediation to informally resolve the case.  

As such, the motion to continue the trial date is granted.

CONCLUSION AND ORDER

Defendant Linda Montana’s motion to continue the trial date and all trial-related dates is granted.  The Jury Trial is continued February 26, 2024, at 9:30 a.m. in this department.  The Final Status Conference is continued to February 15, 2024, at 8:30 a.m. in this department.  All discovery, motion, and expert cut-off dates will be tied to the new trial date.  

            Defendant shall provide notice of this order.