Judge: Lee S. Arian, Case: 21STCV04875, Date: 2024-06-27 Tentative Ruling


Case Number: 21STCV04875    Hearing Date: June 27, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

 

MOTION TO CONTINUE TRIAL

Hearing Date: 6/27/24¿ 

CASE NO./NAME: 21STCV04875 DIANAWATI MENJIVAR vs JOYCE LAI, et al.

Moving Party: Defendant Joyce Lai

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED. 

 

On February 8, 2021, Plaintiff Diannawati Menjivar filed the present Complaint against Defendant Joyce Lai. On the same day, Plaintiff filed another complaint against Defendant Travis Saksrudd, case number 21STCV04878. On August 12, 2022, Defendant Saksrudd filed his answer. On November 28, 2022, Defendant Lai filed her answer. Defendants then filed cross-complaints against each other for indemnity and declaratory relief. On December 16, 2022, the Court issued an order granting Plaintiff’s motion to consolidate this action with the matter of Menjivar v. Saksrudd, et al., 21STCV04878, and set trial for December 4, 2023. Pursuant to a written stipulation between the parties, the Court continued the trial to the current trial date of July 23, 2024. Defendant Lai now moves the Court to continue the trial date to January 2025.

The reason for the present motion is to allow more time to complete discovery, including, specifically Plaintiff’s deposition and Independent Medical Examination (IME). Furthermore, the parties agreed to a mediation on October 24, 2024, and all parties signed a stipulation to continue the trial to sometime three months after the mediation. Although the case was filed on February 8, 2021, Defendants Lai and Saksrudd filed their answers in mid to late 2022.

In consideration of the consolidation and cross-complaints, as well as that the case has only been continued one other time and all parties signed a stipulation to continue the trial, the Court finds good cause to continue the trial.  The Court is not convinced the parties need 3 months from mediation (and, further, the Court is not certain why the parties did not set mediation until October).  Nonetheless, the Court continues the Trial to January 6, 2025, at 8:30 a.m, and the Final Status Conference to December 20, 2024, at 10:00 a.m.  All case-related deadlines will 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.