Judge: Lee S. Arian, Case: 22STCV12606, Date: 2024-05-09 Tentative Ruling

Case Number: 22STCV12606    Hearing Date: May 9, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO CONTINUE TRIAL

Hearing Date: 5/9/24 

CASE NO./NAME: 22STCV12606 GAYANE BARSEGYAN vs CITY OF LOS ANGELES

Moving Party: Defendant Adar Properties

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED

Legal Standard¿and Analysis

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).)  A trial court cannot refuse to hear a summary judgment motion filed within the time limits of California Code of Civil Procedure (CCP) § 437c. (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918, 919.)

On 4/14/22, Plaintiff filed the present premises liability case. The current trial date is set for 7/1/24. Defendant Adar Properties’ Motion for Summary Judgment (MSJ) is scheduled for a hearing on 7/8/24, after the trial date. Defendant requests a brief continuance of the trial date to a time after its motion for summary judgment, and no opposition alleging prejudice has been filed. Continuing the trial date so Defendant’s Motion for Summary Judgment can be heard constitutes good cause. Thus, the Motion to Continue Trial is GRANTED.

The new trial date is set for August 5, 2024, at 8:30 a.m. The Final Status Conference is continued to August ____, 2024, at 10:00 a.m. All pretrial dates do 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.