Judge: Lisa R. Jaskol, Case: 20STCV27050, Date: 2023-06-22 Tentative Ruling

Case Number: 20STCV27050    Hearing Date: December 15, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On July 20, 2020, Plaintiff Bridgette Stoval (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transportation Authority, City of Los Angeles (“City”), County of Los Angeles (“County”), and Does 1-50 for motor vehicle negligence and general negligence. 

On December 24, 2020, the County filed an answer. 

On January 21, 2021, Defendant Los Angeles County Metropolitan Transportation Authority dba Metro (erroneously sued and served as Los Angeles County Metropolitan Transportation Authority) (“Metro”) filed an answer. 

On January 29, 2021, the Court dismissed the City without prejudice at Plaintiff’s request. 

On March 17, 2021, the Court dismissed the County without prejudice at Plaintiff’s request. 

On October 9, 2023, the Court granted Metro’s motion to reopen discovery for the limited purpose of allowing Metro to conduct Plaintiff’s independent medical examination.  The Court ordered that discovery for this purpose would trail the then-current trial date of January 29, 2024. 

On November 17, 2023, Metro filed a motion to continue the trial and final status conference.  No opposition has been filed. 

Trial is currently scheduled for January 29, 2024. 

PARTY’S REQUEST 

Metro requests that the Court continue the trial and final status conference. 

LEGAL STANDARD 

California Rules of Court, rule 3.1332(b), provides that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” 

          Under California Rules of Court, rule 3.1332(c), the Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served. (Cal. Rules of Court, rule 3.1332(d).) 

DISCUSSION 

Metro requests that the Court continue the trial and final status conference because Metro’s trial counsel cannot attend the trial scheduled for January 29, 2024 due to ongoing treatment and recovery from serious injuries.  Metro has provided a supporting declaration.  Metro does not request that the Court continue or reopen discovery to trail the new trial date. 

The Court finds good cause and grants the motion. 

CONCLUSION 

The Court GRANTS Defendant Los Angeles County Metropolitan Transportation Authority dba Metro’s motion to continue the trial and final status conference.  The Court continues the trial from January 29, 2024, to August 1, 2024 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.   The Court continues the Final Status Conference from January 17, 2024 to July 25, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse.

Moving party is ordered to give notice of this ruling. 

Moving party is to file a proof of service of this ruling within five days.