Judge: Lee S. Arian, Case: 19STCV22817, Date: 2023-11-14 Tentative Ruling

Case Number: 19STCV22817    Hearing Date: February 21, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

This is an auto accident case arising out of an incident on July 6, 2017. On June 28, 2019, Plaintiff Rosemary E. Cukurova (“Plaintiff”) filed this action against Defendants Ernesto Hernandez Galindo (“Galindo”), Avis Rent a Car Systems, LLC (erroneously named and served as Budget Rent a Car System, Inc.) (“Avis”), and Does 1 to 100, alleging one cause of action for motor vehicle.

On January 24, 2024, Defendant Avis filed a motion to continue trial date and final status conference date.  The motion is unopposed.

II.          LEGAL STANDARD

A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered.  (Cal. Rules of Court, rule 3.1332, subd. (b).)  The request for continuance may be granted on an affirmative showing of good cause.  (Cal. Rules of Court, rule 3.1332.) 

III.        DISCUSSION

Defendant Avis seeks to continue the current trial date and the final status conference date on the grounds that counsel for Defendant Avis had eye surgery on January 3, 2024, which requires a 30-day recovery period.  (Rubin Decl., ¶2.)  Counsel for Defendant Avis also indicated in the moving papers that he was scheduled for a second eye surgery on February 9, 2024, which also requires a 30-day recovery period.  (Id.)  Defendant Avis further contends a continuance is justified on the grounds that Defendant Galindo was recently located in Mexico and is unavailable for the present trial date of February 22, 2024, but will otherwise be available later in March 2024. (Id.)

The Court finds good cause to continue the trial date and final status conference date. Multiple eye surgeries understandably impact Defendant Avis’ counsel’s ability to participate in the trial.  (See Cal. Rules of Court, rule 3.1332, subd. (c)(3).)  Moreover, Defendant Galindo was recently located in Mexico and is able to appear for trial in March 2024, which also constitutes good cause to continue trial as requested.  (See Id., rule 3.1332, subd. (c)(1).)  Furthermore, the Court construes Plaintiff’s lack of opposition as a tacit admission that the motion is meritorious.  (Holden v. City of San Diego (2019) 43 Cal.App.5th 404, 418; C. Opposing the Motion—and Rebutting the Opposition, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 9(I)-C, ¶ 9:105.10.) Accordingly, the Court GRANTS the motion.

Nevertheless, the Court notes that there have already been multiple trial continuances in this action. Thus, the Court will strongly disfavor any additional continuance requests.

IV.         CONCLUSION

The Court GRANTS Defendant Avis’ motion and continues the FSC and trial for 30 days.  The new trial date and final status conference dates are  XXXX, 2024 and XXX, 2024, respectively.

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 21st day of February 2024