Judge: Lee S. Arian, Case: 21STCV40586, Date: 2024-02-02 Tentative Ruling

Case Number: 21STCV40586    Hearing Date: February 2, 2024    Dept: 27

Tentative Ruling

Judge Lee S. Arian, Department 27

HEARING DATE:     February 2, 2024                   TRIAL DATE:  April 8, 2024

CASE:                                State of California v. Arnoldo Rodriguez

CASE NO.:                 21STCV40586

MOTION TO CONTINUE TRIAL

MOVING PARTY:                   Plaintiff the State of California

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            This is a consolidated action arising out of a motor vehicle accident. At the time of the incident, Plaintiff Maria Sacramento Hernandez Luna, a caregiver employed by the State, was on a work errand. As a result of this incident, Hernandez Luna sustained injuries and damages for which the State has paid workers compensation benefits that it is seeking to recover in this action. The State filed its complaint on November 3, 2021, and Hernandez Luna filed her complaint on November 12, 2021. The actions were consolidated on June 13, 2022.

On January 5, 2024, the State filed this motion to continue the trial date and to set all related cutoff dates to the new trial date.  This is the third request for a trial continuance.

            The motion is unopposed.

II.           LEGAL STANDARD TO CONTINUE TRIAL

California Rules of Court, rule 3.1332, subdivision (b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.  The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” 

Under California Rules of Court, rule 3.1332, subd. (c), the Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  Circumstances that may indicate good cause include “a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.”  The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served.  (Cal. Rules of Court, rule 3.1332, subd. (d).) 

III.      DISCUSSION

            Counsel for the State argues good cause exists to continue the trial date and to set all related dates to the new trial date because counsel has a prepaid vacation that conflicts with the current trial date.

            Counsel declares that he was not notified when Defendants filed the previous motion to continue trial, and therefore could not timely object to an April 8, 2024 continuance date. (Stoll Decl., ¶6.) The current trial date falls in the middle of counsel’s pre-paid family trip to Japan. (Id., ¶7.)

            All parties are agreeable to a trial continuance. Counsel for co-plaintiff Hernandez Luna suggested a trial continuance to mid-May 2024. (Id., Exh. 3.) Counsel for defendant is agreeable to a continuance so long as it is not in “June to July or November to December” 2024. (Id.)

            Counsel for the State declares that he has trials set for May 21, August 26, September 4, and September 9, 2024. (Id., ¶7.)

Based on the parties’ availability, counsel for the State requests a trial continuance to early to mid-August 2024 or mid-September to October 2024.

            The Court finds good cause exists to continue the trial date and all related dates. As this motion is unopposed, the Court finds no prejudice will result from granting this motion. 

IV.       CONCLUSION 

The unopposed motion to continue trial is GRANTED.  The Final Status Conference scheduled for March 25, 2024 is CONTINUED to ___FATD 8/1/24_____ at 10:00 AM in Department 27 of the Spring Street Courthouse.  The Non-Jury Trial scheduled for April 8, 2024 is CONTINUED to ________ at 8:30 AM in Department 27 of the Spring Street Courthouse.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are aligned with the new trial date.

Moving party to give notice. 

Dated:   February 2, 2024                                                ___________________________________

                                                                                    Lee S. Arian

                                                                                    Judge of the Superior Court

            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.