Judge: Kerry Bensinger, Case: 21STCV11481, Date: 2023-05-09 Tentative Ruling

Case Number: 21STCV11481    Hearing Date: May 9, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 9, 2023                           TRIAL DATE:  June 26, 2023

CASE:                                Tatierria Hayes v. Guadalupe Serrano Lopez

CASE NO.:                 21STCV11481

MOTION TO CONTINUE TRIAL

MOVING PARTY:               Defendant Guadalupe Serrano Lopez

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On March 25, 2021, Plaintiff Tatierria Hayes filed this action against Defendant Guadalupe Serrano Lopez for injuries arising from a motor vehicle collision.

            On August 16, 2022, the Court granted the parties’ stipulated to continue trial and all related motion and discovery dates.  Pursuant to written stipulation, trial was continued to June 26, 2023.

On March 28, 2023, Defendant filed this motion to continue trial and to set discovery and motion cut-off dates to the new trial date.  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, 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

Defendant argues good cause exists to continue the trial because the attorney who has handled the entire defense of this case has left the law firm.  (Garibyan Decl., ¶ 2.)¿ As such, the attorney who is now handling this matter requires additional time to become familiar with the case file.  Defendant requests that the trial be continued for a period of 6 months, or to a date convenient to the Court, and that all discovery and cut-off dates be set to the new trial date.

Based on the foregoing, the Court finds there is good cause for a trial continuance.  As this is only the second trial continuance in the matter and there is no opposition to the request, no prejudice will result from a trial continuance.  Pursuant to Code of Civil Procedure section 599, discovery deadlines are automatically set to the new trial date. 

IV.       CONCLUSION 

The motion to continue trial is GRANTED.   The Final Status Conference scheduled for June 12, 2023, is CONTINUED to December 21, 2023 at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for June 26, 2023 is CONTINUED to January 4, 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 4, 2024.      

Moving party to give notice. 

Dated:   May 9, 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.