Judge: Kerry Bensinger, Case: 21STCV19645, Date: 2023-03-17 Tentative Ruling

Case Number: 21STCV19645    Hearing Date: March 17, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On May 25, 2021, plaintiff Manuel Bojorquez (“Plaintiff”) filed this action arising from a June 26, 2019 motor vehicle collision.  On July 29, 2021, Plaintiff filed the First Amended Complaint against numerous defendants, including, Joseph Stephen Allison and Does 1-100.[1]

On September 14, 2021, Plaintiff named U-Haul Co. of California as Doe 1.  On October 11, 2022, Plaintiff named Oceangate Property, LLC (“Oceangate”) as Doe 4.  On October 18, 2022, Plaintiff named Reliable Gardens, Inc. (“Reliable Gardens”) as Doe 5 and Mission-Comstock Crosser Hickey (“Mission-Comstock”) as Doe 6.  Oceangate filed an answer on January 18, 2023.

Moving parties are defendants U-Haul Co. of California and Joseph Stephen Allison (collectively, “Defendants”).  The Court previously granted Defendants’ and Plaintiff’s jointly filed motion to continue the trial date and other related dates on May 19, 2022.  At the request of the moving parties, trial was continued to May 22, 2023, as well as all pretrial deadlines. 

Defendants and Plaintiff now jointly move to continue trial and other related dates to November 13, 2023, or any date thereafter. 

Trial is currently scheduled for May 22, 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).)

III.        DISCUSSION

The motion is filed jointly by Plaintiff and Defendants.  Although this is the second request for a continuance, the Court finds good cause exists to continue the trial.  Defendants Reliable Gardens and Mission-Comstock have yet to appear and Oceangate has only recently filed an Answer on January 18, 2023.  Plaintiff and Defendants further argue that additional time is needed to conduct discovery, attend private mediation with Mr. Robert Tessier in August 2023, and, if necessary, prepare for trial.  Counsel for Defendants is also unavailable in May 2023 due to a conflicting trial date in a separate matter. (Benoff Decl., ¶¶ 2-6.)  Further, the Court notes that no opposition to this motion has been filed.  As such, no party will be prejudiced by a trial continuance.

IV.         CONCLUSION

The joint motion is GRANTED.  Trial is continued from May 22, 2023 to November 16, 2023 at 8:30 a.m. in Department 27 of Spring Street Courthouse.  The Final Status Conference is continued to November 2, 2023 at 10:00 a.m. in Department 27 of Spring Street Courthouse.  All pretrial deadlines including motion and discovery cutoff 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 17th day of March 2023