Judge: Kerry Bensinger, Case: 20STCV41794, Date: 2023-04-25 Tentative Ruling

Case Number: 20STCV41794    Hearing Date: April 25, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On December 2, 2020, Plaintiff Deanna Linsmaier filed this action against defendants Wail Bushara (“Bushara”) and Mercury Insurance Company arising from a November 4, 2018 motor vehicle accident.  Bushara was the driver of the vehicle in which Plaintiff was a passenger.

On April 5, 2022, Plaintiff filed a motion to continue the trial date.   The Court granted the motion.  Pursuant to oral stipulation, trial was rescheduled to December 8, 2022.

On October 5, 2022, the Court continued the trial on its own motion so that Bushara’s motion to consolidate and to continue trial could be heard on December 6, 2022.  Trial was continued to January 19, 2023.

On December 6, 2022, the Court granted Defendant’s motion to  consolidate and to continue the trial.  Trial was continued to May 11, 2023.

On March 9, 2023, Bushara filed this motion to continue the trial.

The motion is unopposed.

Trial is currently scheduled for May 11, 2023. 

II.          LEGAL STANDARD

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).)

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

Bushara seeks a trial continuance to November 2023, or as soon thereafter, because he has encountered numerous obstacles in obtaining Plaintiff’s employment records.  To date, the records have not been produced.  Without the records, Bushara states that he cannot evaluate Plaintiff’s claim for loss of earnings of $10,000,000.  A motion to compel production of the records is scheduled for June 21, 2023.  Further, Bushara has not been able to depose Plaintiff’s treating physician which prevents evaluation of Plaintiff’s claimed injuries and treatment.  (See Contreras Decl.) 

Based on the foregoing, Bushara argues good cause exists to continue the trial.  The Court agrees.  Although this is the third continuance in this matter, the case is not ready for trial.  A trial continuance will allow Bushara to complete discovery and to prepare for trial.  Further, the Court notes that this motion is unopposed.

IV.         CONCLUSION

Accordingly, the motion to continue trial is GRANTED.

Trial is continued from May 11, 2023 to December 11, 2023 at 8:30 a.m. in Department 27 of the Spring Street Courthouse.  The final status conference is continued from April 27, 2023 to November 27, 2023 at 10:00 a.m. in Department 27 the Spring Street Courthouse.  Pursuant to Code of Civil Procedure section 599, all discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of December 11, 2023.  

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 25th day of April 2023