Judge: Kevin C. Brazile, Case: 22STCV00011, Date: 2023-12-15 Tentative Ruling

Hearing Date: December 15, 2023

Case Name: Heidari Law Group, P.C. v. Najafi

Case No.: 21STCV23966

Matter: Motion to Continue Trial Date

Moving Party: Defendants Mesriani & Associates, Sanaz Imani, and Rodney Mesriani 

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 Mesriani & Associates, Sanaz Imani, and Rodney Mesriani seek to continue the trial date in this matter from February 26, 2024, to May 13, 2024, and have all relevant deadlines tethered to the new trial date.

Defendants seek such relief because Defense counsel has a non-refundable vacation planned for Scotland for his mother’s 90th birthday.  Defendants also contend that the parties need time to conduct further discovery and file summary judgment motions.  

Defendants contend that all parties agree to this continuance. 

Defendants Nina Najafi, Eric Bryan Seuthe, and Law Offices Of Eric Bryan Seuthe & Associates have filed a declaration requesting that “the matter be set for trial during the last two weeks of May 2024 and not beyond that date.”

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 and there is nothing to indicate prejudice relating to a continuance, the Motion is granted.  The specific trial date will be discussed at the hearing.  

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.