Judge: Kerry Bensinger, Case: 20STCV17189, Date: 2023-05-17 Tentative Ruling

Case Number: 20STCV17189    Hearing Date: May 17, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 17, 2023                         TRIAL DATE:  July 17, 2023

CASE:                                Patricia Vicini v. City of Los Angeles

CASE NO.:                 20STCV17189

MOTION TO CONTINUE TRIAL

MOVING PARTY:               Defendant City of Los Angeles

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On May 6, 2020, Plaintiff, Patricia Vicini, filed this action against Defendant, City of Los Angeles, for injuries arising out a of a May 6, 2018 trip and fall.

The Court has granted a trial continuance pursuant to written stipulation on three occasions.  Most recently, the Court granted the parties’ August 30, 2022 stipulation to continue the trial date.  Pursuant to stipulation, trial was continued to the current trial date of July 17, 2023.  All discovery and motion cut-off dates were set to the new trial date.

Defendant now moves to continue the trial date and all related dates.  

The motion is unopposed.

II.        LEGAL STANDARD 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).) 

Notwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parties, a continuance or postponement of a trial¿or arbitration¿date extends any deadlines that have not already passed as of March 19, 2020, applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions in the same matter. The deadlines are extended for the same length of time as the continuance or postponement of the trial date.¿ (Code Civ. Proc., § 599.)¿¿

III.      DISCUSSION

Defendant argues good cause exists to continue the trial date because Defendant intends to file a motion for leave to file a cross-complaint.  As such, a new trial date will be necessary to  conduct further discovery and engage in mediation.  The hearing date for Defendant’s motion for leave to file a cross-complaint is reserved for May 26, 2023.  (See Declaration of Lala Kahramanian.)¿ For these reasons, Defendant seeks to continue the trial date to January 22, 2024, and to set all discovery and motion cut-off dates to the new trial date. 

Based on the foregoing, the Court finds there is good cause for a trial continuance.  Although this is the fourth trial continuance in this matter, the Court further finds that no prejudice will result from continuing the trial date as the request is unopposed.  Pursuant to Code of Civil Procedure section 599, all discovery and motion cut-off dates are automatically set to the new trial date.

IV.       CONCLUSION 

The motion to continue trial is GRANTED.  Defendant’s Motion for Leave to File a Cross-Complaint is scheduled for May 26, 2023.  The Final Status Conference scheduled for July 3, 2023, is CONTINUED to January 8, 2024, at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for July 17, 2023, is CONTINUED to January 22, 2024, at 08:30 a.m. in Department 27 of the 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 January 22, 2024.         

Moving party to give notice. 

Dated:   May 17, 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.