Judge: Lee S. Arian, Case: 22STCV03495, Date: 2024-10-11 Tentative Ruling

Case Number: 22STCV03495    Hearing Date: October 11, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

 

MOTION TO CONTINUE TRIAL

Hearing Date: 10/11/24¿ 

CASE NO./NAME: 22STCV03495 Josiah Orellana et al. vs. Ovig Vartanian et al.

Moving Party: Defendants OVIG VARTANIAN AND RUZANNA TAGVORYAN 

Responding Party: Unopposed

Notice: Sufficient¿ 

 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED.

 

On January 28, 2022, Plaintiffs Josiah Orellana and Vanessa Smith filed their lawsuit arising from motor vehicle collisions involving eight separate vehicles and multiple defendants. On June 7, 2022, Jorge Zamora Lopez, Hipolito R. Lopez, and Pleasant Furniture filed their Answer. On October 13, 2023, Plaintiffs filed an Amendment to the Complaint identifying Defendant Ruzanna Tagvoryan as DOE 1. On December 5, 2023, Defendants Ovig Vartanian and Ruzanna Tagvoryan filed their Answer.

Defendants Ovig Vartanian and Ruzanna Tagvoryan move to continue the trial date by approximately 119 days, to March 17, 2025, or a date thereafter that is convenient for the Court, along with a request to adjust all related deadlines accordingly. The primary reason for this request is that Plaintiff Vanessa Smith disclosed a traumatic brain injury (TBI) claim for the first time during her deposition on September 12, 2024. Defendants need additional time to conduct discovery related to this newly asserted TBI, including obtaining medical records, conducting an independent medical examination (IME), and deposing the neurologist involved in Plaintiff’s diagnosis.

The parties have filed a stipulation agreeing to continue the trial. No party would be prejudiced by the continuance. Although the case was filed in 2022, some Defendants were not served or able to file their answers until December 2023, resulting in limited time for discovery involving these Defendants. The complexity of the case, involving multiple defendants and contested issues of liability and damages, has made discovery more time-consuming. A continuance is warranted to ensure adequate time for the parties to fully develop their case. Furthermore, Plaintiff’s recent disclosure of traumatic brain injury further justifies a continuance to address these new issues. Based on the foregoing reasons, the motion is granted.

The new Trial Date is set for March __, 2025, at 8:30 a.m. The Final Status Conference is continued to March __, 2025, at 10:00 a.m.  All case-related deadlines will follow the new trial date.