Judge: Kerry Bensinger, Case: 22STCV18833, Date: 2023-08-29 Tentative Ruling

Case Number: 22STCV18833    Hearing Date: September 28, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 28, 2023               TRIAL DATE:  December 6, 2023

CASE:                                Shiloh Tate v. William Walsh

CASE NO.:                 22STCV18833

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Defendant William Walsh

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On July 13, 2023, Defendant, William Walsh, filed this motion to continue the trial date to a date after February 1, 2024, and to set all related cutoff dates to the new trial date.  This is the first request for a trial continuance.

            The motion was heard on August 29, 2023.  The Court found good cause existed to continue the trial.  However, because there was no proof of service showing Plaintiff, who is self-represented, was served with the motion by non-electronic means, the Court continued the motion to allow Defendant to perfect service.

            On September 1, 2023, Defendant filed a proof of service showing Plaintiff was served with this motion by mail service.

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).) 

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.)

III.      DISCUSSION

            Defendant has cured the defect noted in the Court’s previous order. 

            Accordingly, the motion to continue trial is GRANTED.  The Court will continue the trial date to the first available date on the Court’s calendar.  All trial related dates are set to the new trial date.

IV.       CONCLUSION 

The unopposed motion to continue trial is granted.  The Final Status Conference scheduled for November 22, 2024 is CONTINUED to March 29, 2024 at 10:00 AM in Department 27 of the Spring Street Courthouse.  The Non-Jury Trial scheduled for December 6, 2023 is CONTINUED to April 12, 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 12, 2024.

Moving party to give notice. 

Dated:   September 28, 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.