Judge: Kerry Bensinger, Case: 22STCV01277, Date: 2023-04-18 Tentative Ruling

Case Number: 22STCV01277    Hearing Date: April 18, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On January 12, 2022, Plaintiff Beatriz Romo filed this action against defendants Logica, Candelario Zamora Ramirez (“Ramirez), D&D Wholesale, and Marcos Balbuena Sebastian (“Sebastian”) for injuries arising from a multi-vehicle collision.

On February 22, 2023, defendants D&D Wholesale and Sebastian (hereinafter, “Moving Party”) filed this motion to continue the trial and all related dates.  Defendants Logica and Ramirez filed a joinder to this motion.

The motion is unopposed.

Trial is currently scheduled for July 12, 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

Moving Party seeks a trial continuance to January 12, 2024, or a date thereafter, because Plaintiff has yet to provide full responses to their discovery.   (See Marque Decl.)  Defendants Logica and Ramirez join this motion and make similar representations.  (See Jacobs Decl.)  Further, Defendants have not had an opportunity to depose Plaintiff.  Moving Party argues good cause exists to continue the trial because defendants have not been given enough time to complete their investigation and prepare their defense. 

Moving Party demonstrates good cause to continue the trial.  Defendants are awaiting Plaintiff’s responses to written discovery and an opportunity to depose Plaintiff, which prevents defendants from preparing a defense.  A trial continuance will allow the parties to complete discovery and meaningfully prepare for trial.  Further, the Court notes that this motion is unopposed.

IV.         CONCLUSION

Accordingly, the unopposed motion to continue trial is GRANTED.

Trial is continued from July 12, 2023 to January 12, 2024 at 8:30 a.m. in Department 27 of the Spring Street Courthouse.  The final status conference is continued from June 28, 2023 to December 29, 2023 at 10:00 a.m. in Department 27 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 12, 2024.  

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 18th day of April 2023