Judge: Kerry Bensinger, Case: 21STCV15237, Date: 2023-09-07 Tentative Ruling

Case Number: 21STCV15237    Hearing Date: September 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 11, 2023               TRIAL DATE:  November 1, 2023

CASE:                                Umar Saifullahkhan Babar v. Nu To Mach

CASE NO.:                 21STCV15237

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Plaintiff Umar Saifullahkhan Babar

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On August 28, 2023, Plaintiff, Umar Saifullahkhan Babar, filed an ex parte application to continue the trial date and to set all related cutoff dates to the new trial date, or alternatively, to specially set the hearing for his motion to continue trial to September 11, 2023.  

            On August 31, 2023, the Court granted Plaintiff’s ex parte application and specially set the hearing on September 11, 2023 to hear the motion to continue trial.  Plaintiff seeks to continue the trial to April 29, 2024, and to set all related cutoff dates to the new trial date.  This is the second request for a trial continuance.

            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).) 

III.      DISCUSSION

            Plaintiff argues good cause exists to continue the trial date because Plaintiff’s counsel will be unavailable for the current trial date of November 1, 2023 due to engagement in another trial scheduled to comment on October 20, 2023.  Additionally, Plaintiff has not yet completed important discovery, such as deposing key witnesses, and there are unresolved discovery disputes which are the subject of an upcoming Informal Discovery Conference.  (Declaration of Alister S. Wong.)  For these reasons, Plaintiff requests to continue the trial date and to set all trial related dates to the new trial date.

            Based on the foregoing, the Court finds good cause exists to continue the trial date.  Discovery has not yet been completed.  As this is the second trial continuance request only and no party has opposed this motion, the Court also finds no prejudice will result from granting this motion. 

IV.       CONCLUSION 

The unopposed motion to continue trial is GRANTED.  The Final Status Conference scheduled for October 18, 2023 is CONTINUED to April 15, 2024 at 10:00 AM in Department 27 of the Spring Street Courthouse.  The Non-Jury Trial scheduled for November 1, 2023 is CONTINUED to April 29, 2024 at 8:30 AM 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 April 29, 2024.

Moving party to give notice. 

Dated:   September 11, 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.