Judge: Kevin C. Brazile, Case: 21STCV38459, Date: 2023-04-10 Tentative Ruling

Hearing Date: April 10, 2023

Case Name: Roth, et al. v. 818 North Alfred Street LLC, et al.

Case No.: 20STCV39725 

Matter: Motion to Continue Trial Date

Moving Party: Defendants D&A Endeavors, Inc. dba Servpro of Westwood-West Beverly 

Hills and Servpro Industries, LLC 

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Defendants D&A Endeavors, Inc. dba Servpro of Westwood-West Beverly Hills and Servpro Industries, LLC seek a continuance of the trial date and associated discovery deadlines so they can bring a motion for summary judgment. 

Cal. Rules of Court, Rule 3.1332 provides, “In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include: (1) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; (3)The length of the continuance requested; (4)The availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) The prejudice that parties or witnesses will suffer as a result of the continuance; (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) The court's calendar and the impact of granting a continuance on other pending trials; (8) Whether trial counsel is engaged in another trial; (9) Whether all parties have stipulated to a continuance; (10)Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) Any other fact or circumstance relevant to the fair determination of the motion or application.”

Because there is no opposition, the Motion is granted.  (Cal. Rules of Court, Rule 8.54(c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.