Hon. Lee S. Arian, Dept 27 

 

MOTION TO CONTINUE TRIAL 

Hearing Date: 12/6/24¿ 

CASE NO./NAME: 22STCV03753 MIGUEL RAMIREZ vs NOEMI OROZCO DOMINGUEZ, et al. 

Moving Party: All Parties 

Responding Party: Unopposed 

Notice: Sufficient¿ 

 

Ruling: GRANTED 

 

On January 31, 2022, Plaintiff filed the present motor vehicle accident case. Trial is currently set for January 6, 2025. The parties move for a continuance, citing that Plaintiff is still undergoing medical treatment for injuries sustained in the underlying accident. Although Plaintiff has provided some discovery regarding this ongoing treatment, the parties are still awaiting third-party medical records that were requested but have not yet been produced. Both parties assert the need for additional time to receive and review these records and for their respective experts to analyze and opine on them. Additionally, Plaintiff's counsel indicates that Plaintiff’s testifying experts are unavailable for the scheduled trial date due to holiday vacations, conflicting trials, and other scheduling issues. Counsel for one or both parties also indicate unavailability in February, March, and May 2025. 

This case, filed nearly three years ago on January 31, 2022, should have been resolved within the two-year guideline per CRC 3.714, particularly as it is a straightforward motor vehicle accident case. While the Court acknowledges the outstanding discovery issues cited by the parties, these should have been addressed much earlier. The fact that Plaintiff is still undergoing medical treatment does not constitute good cause for a lengthy continuance, as ongoing treatment is routine in personal injury cases, and cases are frequently resolved without Plaintiff completing all treatment. Counsel's unavailability over multiple months is not good cause for a continuance because the trial date, set well in advance, should have allowed sufficient time for attorneys to manage their schedules accordingly. Moreover, medical records should have been requested and obtained well in advance, given the trial date. Similarly, expert availability and scheduling conflicts should have been anticipated earlier, especially considering the holiday season. 

Nonetheless, the Court will allow a short continuance of 45-days to finalize the production of medical documents and to retain and prepare experts. The Court will be disinclined to grant any further continuances. 

The new Trial Date is set for February 25, 2024, at 8:30 a.m. The Final Status Conference is continued to February 11, 2024, at 10:00 a.m. All case-related deadlines will 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.