Judge: Lee S. Arian, Case: 22STCV16093, Date: 2024-04-16 Tentative Ruling

Case Number: 22STCV16093    Hearing Date: April 16, 2024    Dept: 27

Complaint Filed: 5/16/22

Trial Date: 5/14/24

Hon. Lee S. Arian

Department 27

Tentative Ruling

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Hearing Date:           4/16/2024 at 1:30 p.m.

Case No./Name:       22STCV16093 MARY ALICE RODRIGUEZ vs YUNG HO KIM, et al.

Motion:                    MOTION TO CONTINUE TRIAL

Moving Party:           Defendant Uni Trans, LLC

Responding Party:    Unopposed

Notice:                     Sufficient

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Ruling:                     MOTION TO CONTINUE TRIAL IS GRANTED.

Legal Standard

Continuances of trials are disfavored, but 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).)  

Factual Background and Analysis

On May 16, 2022, Plaintiff filed the present auto accident lawsuit alleging that she was injured by a vehicle operated by Defendant Yung Ho Kim, while he was purportedly in the course and scope of his employment with Defendant Uni Trans, LLC. On July 11, 2022, Defendant Yung Ho Kim filed his answer. Defendant Uni Trans, LLC, was only recently served and filed its answer on March 18, 2024. The current trial date is set for May 14, 2024. Defendant Uni Trans, LLC now moves the Court to continue the trial date for 10 months.

Given that Defendant Uni Trans, LLC's answer was only recently filed, its request for additional time to conduct discovery is reasonable. All parties have stipulated to the extension, with no opposition filed citing prejudice. Considering the age of the case, the absence of multiple prior continuances, the parties' stipulation, and the need for further discovery, the Court grants Defendant's motion to continue trial.

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 other 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.