Judge: Lee S. Arian, Case: 20STCV10986, Date: 2024-06-10 Tentative Ruling

Case Number: 20STCV10986    Hearing Date: June 10, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO CONTINUE TRIAL

Hearing Date: 6/10/24¿ 

CASE NO./NAME: 20STCV10986 RADFORD EUGENE SPENCER vs HENSEL PHELPS CONSTRUCTION

Moving Party: Defendant HENSEL PHELPS CONSTRUCTION

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: MOTION TO CONTINUE TRIAL IS DENIED.

On March 18, 2020, Plaintiff filed the present construction accident case. On May 27, 2020, Defendant Hensel Phelps Construction Co. filed its answer. The trial has been continued numerous times, with the current trial date set for August 1, 2024. Defendant seeks a continuance to January 13, 2025, due to Plaintiff’s recent flare-up and reopening of a workers’ compensation claim.

Defendants filed their answer over four years ago. The parties have been engaged in discovery for more than four years. This extensive period has provided ample opportunity for both Plaintiff and Defendant to gather all necessary information, assess damages, and prepare their respective cases thoroughly. The claim that additional time is needed to evaluate new developments related to a flare-up does not convincingly justify further delay. Discovery has been ongoing long enough to reasonably uncover any and all relevant facts that would impact the determination of damages, future treatment, prognosis, or any other aspect of the case. Furthermore, given the nature of Plaintiff's injuries, which inherently include the likelihood of flare-ups and the need for ongoing medical attention possibly extending over a decade, a complete and final assessment of damages may never be fully realized. The Court finds that the four years allotted for discovery have allowed for a sufficiently thorough assessment of damages. Thus, the present motion is denied.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.