Judge: Lee S. Arian, Case: 21STCV41653, Date: 2024-03-20 Tentative Ruling
Case Number: 21STCV41653 Hearing Date: March 20, 2024 Dept: 27
Complaint Filed: 11/12/21
Trial Date: 4/8/24
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Hon. Lee S. Arian¿¿¿
Department 27¿¿¿
Tentative Ruling¿¿
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Hearing Date: 3/20/2024 at 1:30 p.m.¿¿¿
Case No./Name: 21STCV41653 CAMERON YALE vs LAVONTE TREVONNE
RICHARDS
Motion: MOTION TO CONTINUE TRIAL AND TRIAL-RELATED
DATES¿¿
Moving Party: Plaintiff
Responding Party: Unopposed¿¿
Notice: Sufficient¿¿
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Ruling: MOTION TO CONTINUE TRIAL AND TRIAL-RELATED
DATES¿IS GRANTED¿
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Background¿¿
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On January 12,
2021, Plaintiff filed the present lawsuit against Defendants. On May 9, 2022,
Defendant Los Angeles County Metropolitan Transportation Authority filed an
answer. On May 1, 2023, Defendant Mildred Smith filed an answer. April 8, 2024
is the current trial date. The trial date was previously continued twice, on
March 10, 2023, and August 31, 2023. Now, Plaintiff moves the court to continue
the trial date to September 17, 2024 because Plaintiff’s expert witness is
unavailable to attend the current trial set for April 8, 2024, for at least 4
weeks.
Legal Standard¿and Analysis¿¿
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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).)¿¿A trial court cannot refuse to hear a summary judgment motion filed
within the time limits of California Code of Civil Procedure (CCP) § 437c. (Wells
Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918, 919.)¿¿
The
current trial date is set for April 8, 2024. Plaintiff primarily requests a
continuance due to the unavailability of his expert witness in April 2024. This
motion is uncontested, and the other parties do not argue that they will be
prejudiced. The Court will grant a short continuance of 6 weeks. Thus, the Motion to Continue Trial is GRANTED.¿ The new trial date is set for May ____, 2024 at 8:30 a.m. and all
pretrial dates are continued in accordance with the new trial date.¿ The Final Status Conference is continued to May __, 2024, at
10:00 a.m.¿
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¿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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