Judge Lee S. Arian, Case Number: 23STCV03686, Date: 2024-08-01 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV03686, Date: 2024-08-01 Tentative Ruling

Case Number: 23STCV03686 Hearing Date: August 1, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO CONTINUE TRIAL

Hearing Date: 8/1/24

CASE NO./NAME: 23STCV03686 CANDACE RODNEY vs CHRISTOPHER J. CURRY, et al.

Moving Party: Defendant County of Los Angeles

Responding Party: Unopposed

Notice: Sufficient

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED

Legal Standard

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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).)

Factual Background and Analysis

On February 21, 2023, Plaintiff filed the present automobile accident case. The current trial date is set for August 20, 2024. On June 11, 2024, Defendant filed a motion for summary judgment to be heard on October 4, 2024. Defendant County of Los Angeles now moves the court to continue trial for additional time to complete discovery and for additional time to have its motion for summary judgment to be heard. Plaintiff joined Defendant in the present motion and no other parties filed an opposition.

Considering that this case was filed only slightly more than one year ago, the parties’ request for a continuance to conduct further discovery is reasonable. Furthermore, a trial continuance so Defendant’s motion for summary judgment can be heard constitutes good cause. Further, no previous continuances have been requested and no parties filed an opposition alleging prejudice. Thus, the court grants the present motion.

Trial Date is set for Decembe18, 2024, at 8:30 a.m. The Final Status Conference is continued to December 4, 2024, at 10:00 a.m. All case-related deadlines will follow the new trial date.

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.