Judge Kerry Bensinger, Case Number: 21STCV36824, Date: 2023-10-02 Tentative Ruling

On September 6, 2023, Defendants, Kamo Khachaturov and Infinity Precision, Inc., filed this motion to continue the trial date and to set all related cutoff dates to the new trial date. This is the second request for a trial continuance.

As discovery has closed, the Court construes this motion as a motion to continue trial and to reopen discovery.

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, subdivision (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).)

Except as otherwise provided, 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 trial of the action.¿ (Code Civ. Proc., § 2024.020, subd. (a).)¿ On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.¿ This motion shall be accompanied by a meet and confer declaration demonstrating a good faith effort at informal resolution.¿ (Code Civ. Proc., § 2024.050, subd. (a).)

Defendants argues good cause exists to continue the trial date because despite diligent efforts, essential discovery has yet to completed. For example, Plaintiff’s independent medical examination has not yet been conducted, nor has Plaintiff been able to depose any personnel of Infinity Precision, Inc. For this reason, Defendants request a trial continuance and all pre-trial related dates to January 18, 2024, or any date thereafter as convenient for the Court.

Based on the foregoing, the Court finds good cause exists to continue the trial date and all related dates. As this is the second trial continuance request and no party has opposed this motion,[1] the Court also finds no prejudice will result from granting this motion.

The unopposed motion to continue trial is GRANTED. The Final Status Conference scheduled for October 6, 2023 is CONTINUED to January 5, 2024 at 10:00 AM in Department 27 of the Spring Street Courthouse. The Non-Jury Trial scheduled for October 2, 2023 is CONTINUED to January 19, 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 January 19, 2024.

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.

[1] On July 25, 2023, all parties stipulated to a trial continuance and to set all trial-related dates to the new trial date. However, the filing was rejected, and thus, necessitating this motion.