Judge: Lee S. Arian, Case: 23STCV29102, Date: 2025-04-22 Tentative Ruling

Case Number: 23STCV29102    Hearing Date: April 23, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 29, 2023, Plaintiff filed this action. Trial is currently set for May 28, 2025. Defendant Javier Giron now moves to continue the trial date. This is the parties’ first request for a continuance. Defendant served written discovery on September 11, 2024, and granted multiple extensions at Plaintiff’s request. Plaintiff did not serve discovery responses until February 25, 2025. Defendant has not yet been able to take Plaintiff’s deposition, which remains necessary for trial preparation.

Plaintiff filed an opposition asserting that Defendant has had ample time to conduct discovery, attend hearings, and respond to settlement communications. Plaintiff also accuses Defendant of missing court hearings and failing to respond to a mediation invitation. However, Plaintiff submitted no declaration or documentary evidence to support these allegations. Plaintiff’s statements are unsupported argument and do not constitute admissible evidence.  Moreover, the Court is aware based on multiple ex parte applications that there have been service issues.

This case has been pending for less than 18 months. Under California Rules of Court, rule 3.714, the proposed new trial date falls well within the two-year timeframe for resolution of civil cases. A brief continuance is warranted under these circumstances.

Accordingly, Defendant’s motion is granted. The new trial date is set for September 29, 2025, at 8:30 a.m. The Final Status Conference is continued to September 15, 2025, at 10:00 a.m. All case-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.