Judge: Lee S. Arian, Case: 22STCV25665, Date: 2024-11-15 Tentative Ruling

Case Number: 22STCV25665    Hearing Date: November 15, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO CONTINUE TRIAL

Hearing Date: 11/15/24¿ 

CASE NO./NAME: 22STCV25665 ROBERTO LOMELI, et al. vs HARBOR INDUSTRIAL SERVICES et al.

Moving Party: Plaintiff

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: DENIED 

On August 9, 2022, Plaintiff filed the present case, with trial currently set for February 19, 2025. The parties now jointly move to continue the trial to October 2025, citing Plaintiff’s recent surgeries and pending authorization for additional lumbar surgery. The motion argues that Plaintiff’s recovery timeline delays necessary expert analysis related to prognosis, loss of earning capacity, and future treatment. However, ongoing injuries and surgeries are typical in personal injury cases and do not independently justify a continuance. A prior continuance was granted on December 27, 2023, to allow Plaintiff additional time for medical treatment; Plaintiff again requests a continuance on the same basis. The current request only highlights the continuing nature of personal injury claims, which alone is insufficient grounds for further delay.

Plaintiff also argues that current counsel, who substituted into the case on November 7, 2023, requires more time to prepare. However, substitution of counsel does not relieve new counsel of the obligation to adhere to dates set by prior counsel, and, in any event, nearly a year has been provided for counsel to familiarize themselves with the case. The Court is not persuaded to continue the trial on this basis.

Plaintiff also allege a conflict of interest between Defendant City of Long Beach and Defendant Laranjo, necessitating separate counsel for Long Beach. The Court finds there is ample time for Defendants to resolve this issue before the February 19, 2025, trial date.

Given that the case was filed on August 9, 2022, and trial is set for February 19, 2025, the parties have had ample pre-trial time to complete all necessary discovery and preparations. Under California Rules of Court, Rule 3.714, civil cases should conclude within two years; the current trial date already extends beyond this guideline. Accordingly, the Court finds no reason to continue the trial date further. Thus, the motion is DENIED.

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 without leave.