Judge: Kerry Bensinger, Case: 21STCV32604, Date: 2023-08-04 Tentative Ruling

Case Number: 21STCV32604    Hearing Date: August 4, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 4, 2023                       TRIAL DATE:  October 3, 2023

CASE:                                Lorrie Rashkow v. Marguerite Bisbas, et al.

CASE NO.:                 21STCV32604

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Defendants Marguerite Bisbas and Anton Bisbas

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On July 11, 2023, Defendants, Marguerite Bisbas and Anton Bisbas, filed this motion to continue the trial date to November 7, 2023, or as soon thereafter, and to set all discovery and motion cut-offs 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

            Defendants seek a brief trial continuance to allow the parties to participate in mediation  and to complete discovery.  (See Declaration of Laure S. Cox.)

            Based on the foregoing, the Court finds good cause exists to continue the trial date.  As no party has opposed this motion, the Court also finds no prejudice will result from granting a trial continuance.

IV.       CONCLUSION 

The motion to continue trial is GRANTED.  The Final Status Conference scheduled for September 19, 2023, is CONTINUED to October 26, 2023 at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for October 3, 2023 is CONTINUED to November 7, 2023 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 November 7, 2023. 

Moving party to give notice. 

Dated:   August 4, 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.