Judge Kerry Bensinger, Case 21STCV45612 2023-05-05 Tentative Ruling

On December 14, 2021, Plaintiff Ami Lanelle Dorian filed this action against Defendants Maamar M. Susini and Stacey Susini for injuries arising from a pedestrian bicyclist/motor vehicle collision.

On April 10, 2023, Defendants filed this motion to continue trial and to set discovery and motion cut-off dates to the new trial date. Plaintiff filed an opposition to the request to extend discovery and motion cut-off dates. Defendants reply.

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).)

Notwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parties, a continuance or postponement of a trial¿or arbitration¿date extends any deadlines that have not already passed as of March 19, 2020, applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions in the same matter. The deadlines are extended for the same length of time as the continuance or postponement of the trial date.¿ (Code Civ. Proc., § 599.)¿

Defendants argue good cause exists to continue the trial because Jack M. Liebhaber, Defendants’ lead trial counsel and attorney of record, had heart surgery on January 30, 2023 and underwent additional procedures on March 8 and April 7 of 2023. Liebhaber’s expected recovery period is uncertain. (Frasher Decl., ¶ 4.)¿ Accordingly, Defendants request that the trial be continued for a period of 60 days, or to a date convenient to the Court.

Plaintiff does not oppose a trial continuance. Rather, Plaintiff objects to the extension of discovery deadlines to ensure that discovery is manageable for the parties.[1]

In reply, Defendants argue good cause exists to extend discovery because Plaintiff provided new information on April 17, 2023 that she is claiming additional $1,000 lost earnings of $1,000 a month for an unspecific period.

Based on the foregoing, the Court finds there is good cause for a trial continuance. As this is the first trial continuance in the matter and there is no opposition to the request, no prejudice will result from a trial continuance. Pursuant to Code of Civil Procedure section 599, discovery deadlines are automatically set to the new trial date. Apart from section 599, the Court finds there is good cause to set all discovery deadlines to the new trial date. Plaintiff has provided new information regarding her damages claim that necessitates an extension of discovery deadlines to allow Defendants to ascertain the nature, extent, and potential value of the newly disclosed information.

The motion to continue trial is GRANTED. The Final Status Conference scheduled for May 30, 2023, is CONTINUED to July 31, 2023 at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for June 13, 2023 is CONTINUED to August 14, 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 August 14, 2023.

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] Defendants’ motion does not set forth a request to extend discovery. Nevertheless, because Plaintiff raises the issue and Defendants reply, the Court addresses the request to set discovery to a new trial date.