Judge: Lee S. Arian, Case: 22STCV04981, Date: 2025-02-24 Tentative Ruling

Case Number: 22STCV04981    Hearing Date: February 24, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

IVOR DESILVA,

                 Plaintiff,

            vs.

 

MICHAEL GREENE, et al

 

                        Defendants.

 

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    CASE NO.: 22STCV04981

 

[TENTATIVE RULING] MOTION TO CONTINUE IS DENIED

 

Dept. 27

1:30 p.m.

February 24, 2025

On February 9, 2022, Plaintiff filed this action, and trial is set for March 18, 2025. Defendant Michael Greene now moves to continue the trial for four months.

 On January 16, 2025, the parties filed a stipulation to continue trial, which the Court denied, explicitly finding that "The failure to engage in timely discovery is not good cause."

In the present motion, Defendant repeats essentially the same rationale previously rejected by the Court, merely adding details regarding Plaintiff’s alleged delays in discovery responses. However, as previously determined by this Court, discovery delays alone do not constitute good cause for trial continuance. Defendant admits granting numerous extensions to Plaintiff. Defendant's own willingness to repeatedly grant these extensions significantly contributed to the very delays Defendant now cites as grounds for continuance.

Further, under California Rules of Court, Standard 2.2, general civil cases should be resolved within two years of filing. This case, filed more than three years ago, has already exceeded that guideline. Allowing a continuance at this stage would undermine judicial efficiency and prejudice Plaintiff’s right to timely resolution.

Therefore, Defendant’s motion to continue trial is denied.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

 

 

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court