Judge: Lisa R. Jaskol, Case: 21STCV30716, Date: 2023-08-29 Tentative Ruling

Case Number: 21STCV30716    Hearing Date: August 29, 2023    Dept: 28

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

BACKGROUND 

On August 19, 2021, Plaintiff Lamesha Simpson (“Plaintiff”) filed this action against Defendants Hanfu Lee, D.D.S. and Hanfu Lee, D.D.S., a Professional Corporation for professional negligence and lack of informed consent. 

On September 29, 2021, Defendants filed answers. 

On August 3, 2023, Defendants filed a motion to continue the trial and all related dates to be heard on August 29, 2023. 

Trial is currently scheduled for October 24, 2023. 

PARTIES’ REQUESTS 

Defendants request that the Court continue the trial to April 1, 2024 and continue all related dates based on the new trial date. 

Plaintiff has stipulated to the request. 

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 

Defendants seek a trial continuance to complete Plaintiff’s independent medical examination and to allow the parties to attend a mediation scheduled for November 1, 2023.  The parties anticipate that multiple mediation sessions will be necessary.  In addition, all parties have stipulated to the request to continue the trial and related dates. 

The Court finds good cause to grant a continuance. The Court is closed on April 1, 2024.  The Court sets the trial for April 4, 2024. 

CONCLUSION 

The Court GRANTS the motion of Defendants Hanfu Lee, D.D.S. and Hanfu Lee, D.D.S., a Professional Corporation, to continue the trial.  The trial is continued to April 4, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is March 21, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates are set to trail the new trial date. 

Moving parties are ordered to give notice of this ruling. 

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.