Judge: Kerry Bensinger, Case: 19STCV33744, Date: 2023-10-06 Tentative Ruling

Case Number: 19STCV33744    Hearing Date: October 6, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 6, 2023                     TRIAL DATE:  November 21, 2023

CASE:                                Vahe Leon Andonian v. City of Glendale, et al.

CASE NO.:                 19STCV33744

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Defendants City of Glendale

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On September 11, 2023, Defendant, City of Glendale, filed this motion to continue the trial date and to set all related discovery and motion cut-off dates to the new trial date.  This is the third request for a trial continuance.

            The motion is unopposed.

II.           LEGAL STANDARD FOR MOTION TO CONTINUE TRIAL

California Rules of Court, rule 3.1332, subdivision (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 California Rules of Court, rule 3.1332, subdivision (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.”  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.  (Cal. Rules of Court, rule 3.1332, subd. (d).) 

III.      DISCUSSION

            Defendant argues good cause exists to continue the trial date because essential discovery has yet to completed.  Specifically, Defendant has been unable to take Plaintiff’s deposition despite diligent efforts.  Defendant has properly noticed Plaintiff’s deposition on three occasions yet Plaintiff refuses to appear.   For this reason, Defendants request a trial continuance and all related dates to April 23, 2024.

            Based on the foregoing, the Court finds good cause exists to continue the trial date and all related dates.  As no party has opposed this motion, the Court also finds no prejudice will result from granting this motion. 

IV.       CONCLUSION 

The unopposed motion to continue trial is GRANTED.  The Final Status Conference scheduled for November 7, 2023 is CONTINUED to April 9, 2024 at 10:00 AM in Department 27 of Spring Street Courthouse.  The Non-Jury Trial scheduled for November 21, 2023 is CONTINUED to April 23, 2024 at 8:30 AM in Department 27 of Spring Street Courthouse.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of April 23, 2024.

Moving party to give notice. 

Dated:   October 6, 2023                                            ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.