Complaint Filed: 12/22/2021 

Trial Date: 4/5/24 

Hon. Lee S. Arian 

Department 27 

Tentative Ruling 

 

Hearing Date: 3/29/2024 at 1:30 p.m. 

Case No./Name: 21STCV46701 EMMA MEZA CASTANEDA vs LYFT, INC 

Motion: MOTION TO CONTINUE TRIAL 

Moving Party: Defendant Wei Wei Qing 

Responding Party: Unopposed 

Notice: Sufficient 

¿ 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED. 

¿ 

 

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 December 22, 2021, Plaintiffs filed the present auto accident case. April 5, 2024, is the current trial date. The trial date has been continued three times prior. Defendant Wei Wei Qin now moves the Court to continue the trial by 59 days to June 3, 2024. Defendant contends that he needs more time to conduct an Independent Medical Examination of Plaintiff; however, the Court denied Defendant's motion for an IME on March 18, 2024. Defendant then argues that trial counsel has a trial set for another case on April 19, 2024, near the five-year statutory deadline. Counsel anticipates the present trial will last three weeks, therefore overlapping with the other trial. Given that the request is unopposed, the Court finds good cause for a short continuance. Accordingly, the Court GRANTS Defendant's motion and continues the trial date 45 days. NO FURTHER CONTINUANCES WILL BE GRANTED. 

¿ 

The new Trial Date is set for May __, 2024, at 8:30 a.m. The Final Status Conference is continued to May__, 2024, at 10:00 a.m. All other case-related deadlines will not 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.