Judge: Lee S. Arian, Case: 20STCV38710, Date: 2024-06-03 Tentative Ruling

Case Number: 20STCV38710    Hearing Date: June 3, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO CONTINUE TRIAL

Hearing Date: 6/3/24 

CASE NO./NAME: 20STCV38710 CONCEPION VALADEZ vs NEWHOPE PINES APARTMENTS

Moving Party: Plaintiff

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED

On April 30, 2024, the court granted Defendants' ex parte motion to continue trial and set the new trial date for July 2, 2024. Plaintiff now moves the court to continue the trial date for 48 days, arguing that Plaintiff’s counsel has a prepaid vacation from July 2 to July 25, and has another trial set for July 30, 2024.

The court is not persuaded by Plaintiff's assertion that he was not given an opportunity to be heard when the Court, on April 30, 2024, granted Defendants' ex parte motion to continue the trial and that the Court unilaterally set the current trial date for July 2, 2024. As noted in the Court's May 9, 2024, minute order, the Court as a matter of course will, if requested, hear from the opposing party when it grants an ex parte. Plaintiff made no such request.

However, in light of Plaintiff’s counsel’s prepaid vacation from July 2, 2024, to July 25, 2024, need to attend another trial nearing its five-year deadline on July 30, 2024, coupled with the lack of opposition and the relatively short extension of only 48 days, the court GRANTS Plaintiff’s motion for a continuance. No further continuances will be granted.  

The new trial date will be August _____, 2024, at 8:30 a.m. The Final Status Conference is continued to _______, at 10:00 a.m. All pretrial dates will not follow the new trial date, as Plaintiff did not discuss the various factors to extend or reopen discovery.

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.