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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[TENTATIVE RULING] MOTION TO
CONTINUE IS GRANTED Dept. 27 1:30 p.m. May 27, 2025 |
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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.
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Hon. Lee S. Arian Judge of the Superior Court |