Judge: Lee S. Arian, Case: 20STCV11847, Date: 2024-02-13 Tentative Ruling

Case Number: 20STCV11847    Hearing Date: February 13, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On March 25, 2020, plaintiff Sean Casey (“Plaintiff”) filed this action against defendant CVS Pharmacy, Inc. (“CVS”) and Does 1 to 50, for premises liability and negligence.

On July 23, 2020, Plaintiff filed an amendment to the complaint to designate as Doe 1 defendant GRB Service Systems, Inc. (“GRB”) (previously designated as Doe 1 under the incorrect name of Southwestern Services).  On the same day, Plaintiff filed an amendment to the complaint to designate as Does 2 defendant Central Aire Heating & Air Conditioning Service, Inc. 

On August 16, 2020, Plaintiff filed an amendment to the complaint to designate as Doe 3 defendant Garfield Beach CVS, LLC (“Garfield Beach CVS”).

On January 26, 2023, Defendants CVS, Garfield Beach CVS, and GRB (“Moving Defendants”) filed this motion seeking a 6-month trial continuance and to set all discovery and cutoff dates upon the new trial date.  Trial is currently scheduled for February 15, 2024, and has been continued three times. The motion is unopposed and the parties have entered into a stipulation to continue trial.

II.          LEGAL STANDARDS

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).)

III.        ANALYSIS

Moving Defendants argue good cause exists as Plaintiff has been unable to secure deposition of Defendants’ personnel, the parties have agreed to continue mediation efforts, and the parties desire to forestall incurring expert costs and fees until after mediation to allow for efficient settlement negotiations at mediation. (McKeon Decl. ¶ 5) The parties have also stipulated to the continuance. (Ibid., Exh. A.)

At the end of the day, the basis for a continuance appears to be that the parties agreed to mediate and delayed moving forward with substantive work until the mediation was completed; the mediation failed, and now the parties want more time because they paused work on the case for mediation.  Further, the parties indicate they still want to mediate, but they do not even provide the Court with a date when mediation will occur.  The parties simply want more time after this case has been active for 4 years and after they already received three continuances.  Suffice it to say, the Court is not convinced that constitutes good cause. 

Nonetheless, as a reasonable accommodation to the parties, the Court will continue the trial to the FATD 4/22/24, and, pursuant to the parties’ stipulation, continue pre-trial dates to follow the new trial date.  The Court will disfavor any further efforts to continue trial.

CONCLUSION

Moving Defendants’ motion is GRANTED. Trial is continued from February 15, 2024 to ____FATD 4/22/24_________ at 8:30 a.m. in Department 27. The final status conference is continued from February 14, 2024 to _____________ at 10:00 a.m. in Department 27. All pretrial deadlines including discovery and motion cut-off dates are to be based on the new trial date.

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 13th day of February 2024