Judge: Lee S. Arian, Case: 23CHCV03354, Date: 2025-02-20 Tentative Ruling

Case Number: 23CHCV03354    Hearing Date: February 20, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 1, 2023, Plaintiff Empire Fire and Marine Insurance Company filed the present case. The trial is currently set for March 18, 2025. Plaintiff moves the Court for a three-month continuance to June 2025, citing the need for additional time to complete discovery due to unforeseen delays, including disruptions caused by recent fires and difficulties in obtaining necessary discovery. Defendant Njdeh Karabedian opposes the motion.

Under California law, trial continuances are granted where good cause is shown. (Cal. Rules of Court, rule 3.1332(c).) Courts have broad discretion in determining whether good cause exists, and relevant factors include whether there has been a failure to obtain material evidence despite diligent efforts and whether denying the continuance would result in substantial prejudice.

Defendant contends that Plaintiff had ample time to conduct discovery but has not been diligent. However, Plaintiff has demonstrated diligent efforts to complete discovery and has encountered substantial obstacles beyond their control. Plaintiff faced difficulty locating a co-defendant, whose deposition is necessary to properly develop Plaintiff’s claims and defenses. Additionally, Plaintiff has yet to receive key cell phone records due to production delays by the provider. The Court finds that delays caused by third parties, especially when affecting material evidence, constitute good cause for a continuance.

Defendant argues that a continuance would delay resolution and cause financial hardship. While any delay may be inconvenient, inconvenience alone does not outweigh Plaintiff’s right to a fair opportunity to develop its case. Further, Defendant has already expended significant time in pretrial litigation, and a modest delay will not fundamentally alter the case's trajectory.

Moreover, this case remains within the two-year timeline for disposition under California Rules of Court, standard 2.2. Granting a brief continuance does not undermine judicial efficiency, particularly where ongoing discovery issues justify additional time

Accordingly, the Court finds good cause for a three-month continuance. The motion is granted. The new trial date is set for June ____, 2025, at 8:30 a.m. The Final Status Conference is continued to June ____, 2025, at 10:00 a.m. All trial-related deadlines will follow 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.