On November 13, 2019, plaintiff Guy Hart (“Plaintiff”), filed this action against defendants Manuel Rodriguez Lemus (“Lemus”) and Douglas Carlson (“Carlson”) (collectively, “Defendants”) arising out of a November 14, 2017 motor vehicle collision.  Plaintiff filed proofs of service of the summons and complaint on Lemus and Carlson on March 30, 2021 and April 21, 2021, respectively. 

On April 12, 2021, the Court granted Defendants’ Ex Parte Application for an Order to Continue the Trial Date and related dates.  The Final Status Conference was continued to March 30, 2022 and the non-jury trial was continued to April 14, 2022. 

On November 18, 2021, the parties signed and filed a Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates).  Pursuant to the Stipulation, the Court continued the Final Status Conference to September 26, 2022, the non-jury trial was continued to October 7, 2022, and all discovery and motion cut-off dates were set to the new trial date.  

On August 2, 2022, the Court granted in part Defendants’ Ex Parte Application for an Order to Continue the Trial Date.  The Final Status Conference was continued to May 5, 2023 and the non-jury trial was continued to May 23, 2023.  Discovery deadlines were not continued and remain related to the current trial date of October 7, 2022. 

On February 3, 2023, the Court denied Defendants’ Ex Parte Application for an Order to Continue the Trial Date, filed January 31, 2023, because the Application did not set forth exigent circumstances sufficient to justify ex parte relief.  

On February 10, 2023, Defendants filed the instant motion to continue the trial date and all other applicable pre-trial dates because Defendants have been unable to conduct any depositions of Plaintiff.   

No opposition has been filed. 

Trial is currently scheduled for ¿May 23, 2023¿.   

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, subd. (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).) 

Defendants seek a trial continuance because Plaintiff has continually refused to participate in discovery.  Plaintiff’s lack of cooperation in discovery is evident in the following ways: (1) Plaintiff served responses to Defendants’ initial discovery requests on November 4, 2021 despite Court order to serve responses by August 30, 2021; (2) Plaintiff has yet to appear for deposition despite Defendants having served Plaintiff with four Notices of Taking Deposition.  (Hurley Decl., ¶¶ 6-18.)  Because of these delays, Defendants argue additional time is needed to complete discovery and prepare for trial.  Defendants have filed a motion to compel Plaintiff’s appearance for deposition which will be heard on April 3, 2023.  Trial is currently scheduled for May 23, 2023.     

Despite three trial continuances, Defendants have demonstrated good cause exists to continue the trial and all related dates.  Defendants require additional time to complete discovery.  Further, the Court notes that no opposition to this motion has been filed.  As such, no party will be prejudiced by a trial continuance. 

The motion is GRANTED.  Trial is continued from ¿May 23, 2023¿ to ¿November 8, 2023¿ at 8:30 a.m. in Department 27.  The final status conference is continued from ¿May 5, 2023¿ to ¿October 25, 2023¿ at 10:00 a.m. in Department 27.  All pretrial deadlines including discovery and motion cut-off dates are to be based on the new trial date.    

Moving party to give notice. 

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. 

          Dated this 10th day of March 2023