Judge: Lee S. Arian, Case: 22STCV37303, Date: 2024-05-07 Tentative Ruling

Case Number: 22STCV37303    Hearing Date: May 7, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

 

Hearing Date:           5/7/2024 at 1:30 p.m. 

Case No./Name:       22STCV37303 BRANDON URIBE vs UNION RESCUE MISSION, INC.

Motion:                    MOTION TO CONTINUE TRIAL AND TRIAL-RELATED DATES 

Moving Party:           Plaintiff 

Responding Party:    Unopposed

Notice:                     Sufficient 

Shape 

Ruling:                     MOTION TO CONTINUE TRIAL AND TRIAL-RELATED DATES¿IS GRANTED 

 

Legal Standard¿and Analysis

 

Although continuances of trials are disfavored, 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).)

 

On November 29, 2022, Plaintiff filed the present premises liability case against Defendant Union Rescue Mission. Defendant filed its answer on April 4, 2023. The current trial date is set for May 28, 2024. Plaintiff filed the present case to continue the trial date in order to conduct further discovery. The parties have filed a stipulation to continue the trial to September 23, 2024. Based on the fact that Defendant appeared only recently and the stipulation by both parties, the Court finds the Parties' need for additional time to conduct discovery and request for continuance reasonable. Thus, the present motion is GRANTED.

 

The new trial date is set for September ____, 2024, at 8:30 a.m. and all pretrial dates are continued in accordance with the new trial date.¿ The Final Status Conference is continued to _____, 2024, at 10:00 a.m. 

 

¿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.