Judge: Kerry Bensinger, Case: 21STCV40277, Date: 2023-09-13 Tentative Ruling

Case Number: 21STCV40277    Hearing Date: September 13, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 13, 2023               TRIAL DATE:  November 29, 2023

CASE:                                Paul Murphy v. Jack Loe

CASE NO.:                 21STCV40277

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Defendant Jack Loe

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On July 25, 2023, Defendant, Jack Loe, 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.

            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

            Defendant argues good cause exists to continue the trial date and to set all related dates to the new trial date because defense counsel has a prepaid vacation that conflicts with the current trial date.  (Declaration of Gina Y. Kandarian-Stein.)   As such, defense counsel is unavailable for the current trial date.  For this reason, Defendant requests a trial continuance of 75 days to February 12, 2024, and to set all related dates to the new date.

            Given defense counsel’s unavailability for the current trial date, the Court finds good cause exists to continue the trial date.  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.  However, the Court cannot accommodate the requested trial date of February 12, 2024.  The Court will continue the trial date to the first available date.  If the trial date conflicts with counsels’ schedules, they are to notify the Court at the hearing.

IV.       CONCLUSION 

The unopposed motion to continue trial is GRANTED.  The Final Status Conference scheduled for November 15, 2023 is CONTINUED to March 25, 2024 at 10:00 AM in Department 27 of the Spring Street Courthouse.  The Non-Jury Trial scheduled for November 29, 2023 is CONTINUED to April 8, 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 8, 2024.

Moving party to give notice. 

Dated:   September 8, 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.