Judge: Kerry Bensinger, Case: 21STCV04153, Date: 2023-02-10 Tentative Ruling

Case Number: 21STCV04153    Hearing Date: February 10, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On February 2, 2021, plaintiff Anna Marie Alarcon (“Plaintiff”) filed this action against defendant James Donald English (“Defendant”).  On March 25, 2022, the court granted the parties’ request to continue the trial.  Trial is currently scheduled for February 28, 2023.  Defendant now seeks an order continuing the trial to a date after June 30, 2023.  The motion is unopposed. 

II.          LEGAL STANDARD

Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332, subd. (a).) Continuances are thus generally disfavored.  (See id., rule 3.1332, subd. (b).)  Nevertheless, the trial court has discretion to continue trial dates.  (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.)  Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause.  (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at p. 1246.)  Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) the unavailability of a party due to death, illness, or other excusable circumstances; (3) the unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) the substitution of trial counsel where there is an affirmative showing that the substitution is required in the interests of justice; (5) the addition of a new party if (A) the new party has not had a reasonable opportunity to conduct discovery and prepare for trial, or (B) the other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party’s involvement in the case; (6) a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.  (Cal. Rules of Court, rule 3.1332, subd. (c).)

The court must also consider such relevant factors as: (1) the proximity of the trial date; (2) whether there was any previous continuance, extension of time, or delay of trial caused by any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; (6) if the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) the court’s calendar and the impact of granting a continuance on other pending trials; (8) whether trial counsel is engaged in another trial; (9) whether all parties have stipulated to a continuance; (10) whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) any other fact or circumstance relevant to the fair determination of the motion or application.  (Id., rule 3.1332, subd. (d).)

III.        DISCUSSION

Defendant seeks a trial continuance because (1) discovery has not been completed and specifically, Defendant intends to notice an Independent Medical Examination (“IME”) of Plaintiff once Defendant has obtained the full set of Plaintiff’s medical records (Jonoobi Decl., ¶ 3); (2) the parties have agreed to engage in mediation on April 11, 2023, with John K. Raleigh of Resolute Systems, LLC (Jonoobi Decl., ¶ 4); (3) defendant’s counsel has several trials that she anticipates will fill her calendar until May or June of 2023 (Jonoobi Decl., ¶ 5); (4) this is only the second request for a trial continuance in this case (Jonoobi Decl., ¶ 6; 3/25/22 Order and Stipulation to Continue Trial); and (5) all parties have agreed to stipulate to the trial continuance and wish to attend mediation before incurring additional litigation costs (Jonoobi Decl., ¶ 7).  Based on the foregoing, the Court finds good cause to continue the trial date to allow (1) Defendant to complete discovery, (2) defendant’s counsel to be available for trial in this action, and (3) permit the parties to engage in mediation.  Moreover, a continuance of the trial would not prejudice the other party as Plaintiff has stipulated to the continuance.

Defendant also requests that the Court continue all discover and discovery and motion cut-off dates.  The Court notes that the discovery cut-off date has already passed.  (Code Civ. Proc., § 2024.020, subd. (a) (“Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.”).)  However, given the reason the trial is being continued is due, in part, to Defendant’s need to take schedule Plaintiff’s IME and complete discovery, the court will construe Defendant’s request as a request to reopen discovery pursuant to Code of Civil Procedure section 2024.050.  The court finds that because the parties need to schedule Plaintiff’s IME and complete discovery, there is good cause to reopen discovery pursuant to Code of Civil Procedure section 2024.050.  As the court is reopening discovery, the discovery and motion cut-off dates will be based on the new trial date.

IV.         CONCLUSION

Defendant James Donald English’s motion is GRANTED.  Trial is continued from February 28, 2023 to _____________ at 8:30 a.m. in Department 27.  The final status conference is continued from February 14, 2023 to ___________ 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 February 2023