Hon. Lee S. Arian¿¿¿ 

Department 27¿¿¿ 

Tentative Ruling¿¿¿ 

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Hearing Date: 3/26/2024 at 1:30 p.m.¿¿¿ 

Case No./Name: 20STCV40236 PATRICIA ANN VENTI vs THE DECURION CORPORATION¿ 

Motion: Motion to Continue Trial¿ 

Moving Party: Defendants 

Responding Party: Unopposed¿ 

Notice: Sufficient¿¿¿ 

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Ruling: MOTION TO CONTINUE TRIAL IS GRANTED.¿ 

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Legal Standard 

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Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.¿ (CRC Rule 3.1332(c).)¿ The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.¿ (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance 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; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial.¿ (See generally, CRC Rule 3.1332(d)(1)-(11).)¿ Additional factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application.¿ (CRC Rule 3.1332(c), (d).) 

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Analysis and Conclusion 

On October 20, 2020, Plaintiff filed the Complaint. On August 2, 2021, Decurion filed its Answer. However, on July 30, 2021, Decurion filed a Notice of Stay of Proceedings due to ongoing bankruptcy proceedings. On February 28, 2023, the Bankruptcy Court granted Plaintiff relief from the automatic stay. Defendant now moves to continue the trial and all related deadlines to a date in October 2024. 

Defendant argues that, while the case was filed in 2020, the bankruptcy stay significantly limited the Parties' ability to conduct discovery, restricting it to approximately one year. Defendant asserts that additional time is necessary to complete discovery, including taking Plaintiff's deposition and an independent medical examination. Defendant requests a six-months continuance which the Court finds reasonable. The Court notes that this is the first continuance by the Parties. Plaintiff did not contest the motion nor raised any issues of prejudice. 

Accordingly, the Court finds good cause and GRANTS Defendant’s Motion to Continue Trial. The new trial date is set for October __, 2024, at 8:30 a.m. The Final Status Conference is continued to October __, 2024, at 10:00 a.m. All case-related deadlines will be adjusted in accordance with the new trial date. 

 

 

PLEASE TAKE NOTICE:¿¿¿¿¿¿¿¿¿¿¿¿ 

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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.¿¿¿¿¿¿¿¿¿¿¿¿¿¿ 

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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.¿¿¿¿¿¿¿¿¿¿¿¿¿¿ 

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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.¿¿¿¿¿¿¿¿¿¿¿¿¿ 

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