Judge: Lee S. Arian, Case: 21STCV18032, Date: 2023-11-15 Tentative Ruling

Case Number: 21STCV18032    Hearing Date: November 15, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            Introduction 

On May 13, 2021, Plaintiff Robert Teroganesyan (“Plaintiff”) filed a complaint against Defendants Ovi Lalo (“Defendant”) and Does 1-50, alleging causes of action for motor vehicle and general negligence.

On August 18, 2023, Defendant filed a motion to continue trial. On October 24, 2023, the Court granted Defendant’s Ex Parte Application to Continue Trial. (Notice of Ruling 10/24/23.) The motion is unopposed. 

II.          Legal Standard

California Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) 

Other relevant considerations may include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previous continuance, extension of time, or delay 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 or application for a continuance; [¶] (5) The prejudice that parties or witnesses will suffer as a result of the continuance; [¶] (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; [¶] (7) The court's calendar and the impact of granting a continuance on other pending trials; [¶] (8) Whether trial counsel is engaged in another trial; [¶] (9) Whether all parties have stipulated to a continuance; [¶] (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and [¶] (11) Any other fact or circumstance relevant to the fair determination of the motion or application.” (Id., Rule 3.1332(d).) 

Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings. In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates. (Code Civ. Proc. § 2024.050.)

III.        Discussion

          The parties have stipulated to continue trial from December 11, 2023, to April 8, 2024, or the next available date on the Court’s calendar, and requests that all discovery and motion cut-off dates be based upon the new trial date. (Champ Decl., Ex. 1.) Defendant argues good cause exists because the parties need additional time to retain experts, conduct percipient witness discovery, conduct expert discovery, and to prepare for trial. Furthermore, the parties believe mediation could resolve the matter. Defendant’s counsel is aware of two prior continuances.

          The Court finds there is good cause for the requested continuance based on the parties’ need to complete discovery. Furthermore, Defendant provides the stipulation to continue trial signed by both parties and no opposition is filed, so no party would be prejudiced by a trial continuance. (Champ Decl., Ex. 1.) Rather, Defendant would suffer prejudice if he were not afforded sufficient time to prepare for trial on this matter. Thus, the motion is granted. Trial is continued to April 8, 2024.

IV.         Conclusion

Defendants’ motion to continue trial is GRANTED. Trial is continued to April 8, 2024. Discovery and motions cutoff dates are to track 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 15^th day of November, 2023