Judge Lee S. Arian, Case Number: 21STCV43207, Date: 2024-04-11 Tentative Ruling

Judge: Lee S. Arian, Case: 21STCV43207, Date: 2024-04-11 Tentative Ruling

Case Number: 21STCV43207 Hearing Date: April 11, 2024 Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date: 4/11/2024 at 1:30 p.m.

Case No./Name: 21STCV43207 MIREYA BARON ROBLES vs FARZIN RAHIMI

Motion: MOTION TO CONTINUE TRIAL

Moving Party: Defendant Farzin Rahimi

Responding Party: Unopposed

Notice: Sufficient

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Ruling: MOTION TO CONTINUE TRIAL IS GRANTED.

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Legal Standard

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 13, 2021, Plaintiff filed the present motor accident case. Defendant was served on April 25, 2023. Defendant requests additional time for discovery, including written discovery, Plaintiff's deposition, and completing an independent medical examination (IME). There have been no previous requests for a trial continuance, and Defendant requests a four-month continuance. Plaintiff did not file an opposition alleging prejudice. Considering Defendant was only recently served, it is reasonable for the parties to require additional time to conduct discovery. Defendant's request for a four-month continuance is also reasonable, given that it is the parties' first continuance. In consideration of the factors above, the Court GRANTS Defendant’s motion.

The new Trial Date is set for August __, 2024, at 8:30 a.m. The Final Status Conference is continued to August__, 2024, at 10:00 a.m. All case-related deadlines will follow the new trial date.

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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.