Judge: Lee S. Arian, Case: 22STCV27268, Date: 2025-05-27 Tentative Ruling

Case Number: 22STCV27268    Hearing Date: May 27, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

YOLANDA BENNING,           

            Plaintiff,

            vs.

 

FORWARD PROGRESS MANAGEMENT, et al.

 

 

            Defendants.

 

 

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    CASE NO.: 22STCV27268

 

[TENTATIVE RULING]

MOTION TO CONTINUE IS GRANTED

 

Dept. 27

1:30 p.m.

May 27, 2025


 

 

 

On August 22, 2022, Plaintiff filed this action. However, Defendant was not served until March 2024. Trial is currently set for June 23, 2025. Defendant now moves to continue the trial date to September 23, 2025. This is Defendant’s first request for a trial continuance, and all parties stipulate to the continuance.

The continuance is sought because Defendant recently learned that Plaintiff underwent a spinal cord stimulator procedure and requires additional time to evaluate the surgery and depose the treating physician. Additionally, medical records indicate that Plaintiff may have undergone a laminectomy prior to the subject incident. Defendant needs further time to conduct discovery into Plaintiff’s medical history, including the depositions of relevant treating providers.

Defendant’s trial counsel is also scheduled to begin two other jury trials on June 16, 2025. The parties have scheduled a mediation on June 18, 2025, with Jake Courney, Esq., at Judicate West. Further party depositions are scheduled to proceed after the mediation if the case does not resolve.

         In light of the fact that discovery only commenced in April 2024 and that Plaintiff recently underwent a spinal cord stimulator procedure, Defendant’s request to continue the trial to allow for additional discovery is reasonable. Furthermore, all parties agree to the continuance and have a mediation scheduled shortly before the current trial date. Accordingly, the Court will grant the motion.

The new trial date is set for September __, 2025, at 8:30 a.m. The Final Status Conference is continued to September __, 2025, at 10:00 a.m. All case-related deadlines will be based on the new trial date.

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

 

 





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