Judge: Lee S. Arian, Case: 22STCV15440, Date: 2024-10-17 Tentative Ruling

Case Number: 22STCV15440    Hearing Date: October 17, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO CONTINUE

Hearing Date: 10/17/24¿ 

CASE NO./NAME: 22STCV15440 CHRISTIE JOHN vs 855 N. FAIRFAX AVENUE, LLC
Moving Party: Defendant West Hollywood Healthcare and Wellness Center

Responding Party: Unopposed

Notice: Sufficient

Ruling: MOTION TO CONTINUE WILL BE HEARD

On May 9, 2022, Plaintiff filed the present case. On May 5, 2023, Defendant West Hollywood Healthcare and Wellness Center filed its answer. The trial is currently set for November 4, 2024. Defendant West Hollywood now moves the Court to continue the trial to February 28, 2025.

On September 12, 2024, Defendant filed an ex parte application for a stipulated continuance of the trial, arguing that a continuance should be granted to allow the parties to attend mediation on February 5, 2025, and to provide more time to conduct discovery, citing the various factors under California Rule of Court 3.1332. The Court rendered its ruling on Defendant’s ex parte application, stating: “The bases for a continuance do not constitute good cause. The parties knew of the trial date and should have planned for mediation prior to that date. The failure to complete discovery is likewise not, in and of itself, a good cause basis for a continuance.”

On September 20, 2024, Defendant filed the present motion to continue trial, raising the same arguments that the continuance is stipulated and necessary for mediation. However, this had already been presented in the ex parte application and denied by the Court. Defendant raises no new rationale for the continuance, and the Court perceives of no reason to deviate from its prior ruling. Nonetheless, the Court will hear from the parties to provide them an opportunity to persuade the Court to grant their joint request.