Judge Lee S. Arian, Case Number: 20STCV44666, Date: 2024-02-08 Tentative Ruling

Judge: Lee S. Arian, Case: 20STCV44666, Date: 2024-02-08 Tentative Ruling

Case Number: 20STCV44666 Hearing Date: April 2, 2024 Dept: 27

Complaint Filed: 11/20/20

Trial Date: 4/11/24

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date: 4/2/2024 at 1:30 p.m.

Case No./Name: 20STCV44666 SARKIS AVAGYAN vs THE STATE OF CALIFORNIA, et al.

Motion: MOTION TO CONTINUE TRIAL

Moving Party: Defendant Jose Gabriel Martinez

Responding Party: Plaintiff

Notice: Sufficient

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED.

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).)

Factual Background and Analysis

On November 20, 2020, Plaintiff filed the present automobile accident case. Defendant Jose Gabriel Martinez filed an answer on January 8, 2021. The Court set the initial trial date for May 20, 2022, which was continued multiple times: from May 20, 2022, to January 4, 2023, to April 19, 2023, to December 4, 2023, and to the current trial date of April 11, 2024.

On September 21, 2023, when the Court continued the trial date to the current date of April 11, 2024, the court closed all discovery, excluding limited discovery specifically related to orthopedics and neuropsychological independent medical examinations (IME). On March 5, 2024, Defendant Jose Gabriel Martinez filed a motion to continue the trial for an additional four months citing various reasons including numerous pending motions from both parties that had not yet been addressed, the unavailability of experts on the scheduled trial date, and the need for additional time to depose the 25 experts designated in the case. Plaintiff consented to a short continuance but opposed the reopening of any discovery.

Considering the age of the case, the numerous previous continuances, and the approximately 6 months the parties had as a result of the last continuance to conduct limited discovery, the Court will grant only a short continuance. Further, given the volume of expert depositions, the opposing party's agreement to a brief continuance, and the unavailability of experts on the date of the trial, the court will grant a 30-day continuance. Expert discovery only will be tied to the new trial date. NO FURTHER CONTINUANCES WILL BE GRANTED.

The new Trial Date is set for May __, 2024, at 8:30 a.m. The Final Status Conference is continued to May__, 2024, at 10:00 a.m. With the exception of expert discovery, all other case-related deadlines will not follow the new trial date.

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.