Judge: Jon R. Takasugi, Case: 20STCV46143, Date: 2024-03-19 Tentative Ruling

Case Number: 20STCV46143    Hearing Date: March 19, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ request for a three-month trial continuance is DENIED.

On 12/3/2020, Plaintiffs Juan Antonio Alvizurez, Arely I. Perez, Keily D. Perez, a minor by and through her guardian ad litem Arely I. Perez, Darwin E. Perez, a minor by and through her guardian ad litem Arely I. Perez, Justin N. Perez, a minor by and through her guardian ad litem Arely I. Perez, Flor De Maria Marroquin, Angela V. Garcia minor by and through her guardian ad litem Flor De Maria Marroquin, and Yanelin R. Perez filed suit against Beach City Properties, alleging: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance.

On 4/24/2023, the Court granted Plaintiff leave to amend to file a first amended complaint (FAC). In the FAC, Plaintiff alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; (6) private nuisance; (7) alter-ego liability; and (8) section 1940.5.

           Now, Defendants move to continue trial.

           The motion is unopposed.

Discussion

           Defendant argue that good cause exists to continue trial from April 22, 2024 at 9:00 a.m. to July 22, 2024, or such later date as is convenient to the Court, and the Final Status Conference (FSC) set for April 11, 2024 at 10:00 a.m. to July 11, 2024, and to continue all trial related deadlines as if the new trial date were the "date initially set for trial of the action" within the meaning of that phrase as used in CCP section 2024.030.

           After review, the Court disagrees based on the following facts.

           First, trial in this matter is set for April of 2024 and parties have had notice of the date for nearly a year. As such, a motion to continue new trial heard is not appropriately brought in March 2024, given that Defendants’ motion does not set forth any new discovery or surprise which has warranted a trial continuance.

           Second, while Defendants argue that they will be prejudiced by the trial date given late discovery from Plaintiff, the supplemental production in question was provided on February 13, 2023. As such, this was over a year ago, and Defendants’ failure to since determine whether or not re-depose Plaintiffs, or to engage in further discovery based on this production, constitutes unreasonable delay.

           Third, while Defendants argue that Plaintiffs have changed the theory of the case several times, leave to amend was granted to Plaintiffs in March of 2023. Again, given that a year has passed, the Court finds insufficient evidence of prejudice based on Plaintiff’s evolving claims throughout this litigation.

           Fourth, put simply, the Court’s calendar is overwhelmed by the current trial caseload, and a three-month trial continuance is not feasible in light of the lack of the lack of good cause shown. The Court is now setting new cases for jury trial in October, 2025.

Based on the foregoing, Defendants’ request for a three-month trial continuance is denied. (CRC Rule 3.1332(c).)

It is so ordered.

Dated:  March    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.