Judge: Lisa R. Jaskol, Case: 22STCV06738, Date: 2024-01-11 Tentative Ruling

Case Number: 22STCV06738    Hearing Date: January 11, 2024    Dept: 28

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

BACKGROUND 

On February 23, 2022, Plaintiff Randall Traweek (“Plaintiff”) filed this action against Defendants City of Beverly Hills (“Defendant”) and Does 1-100 for dangerous condition on public property, negligence, and premises liability. 

On March 17, 2023, Plaintiff filed a first amended complaint. 

On April 4, 2023, Defendant filed an answer. 

On April 28, 2023, Plaintiff filed a second amended complaint. 

On July 7, 2023, the Court granted Defendant’s motion to continue the trial from August 23, 2023 to April 4, 2024 and ordered that discovery and related dates would be based on the new trial date. 

On November 28, 2023, Defendant filed a motion to continue the trial, to be heard on January 11, 2024.  Plaintiff has not filed an opposition. 

Trial is currently scheduled for April 4, 2024. 

PARTY’S REQUESTS 

Defendant requests that the Court continue the trial to December 18, 2024 and continue or reopen discovery and related dates. 

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 

Defendant asks the Court to continue the trial to December 18, 2024 because Defendant has reserved October 24, 2024 for a hearing on its motion for summary judgment.  Defendant also argues that it has not received responses from Plaintiff to discovery that Defendant served on July 4, 2023. 

The Court finds good cause and grants the motion. 

CONCLUSION 

The Court GRANTS the motion of Defendant City of Beverly Hills to continue the trial and related dates.  The Court continues the trial to December 18, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse.  The Final Status Conference is December 4, 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 party is ordered to give notice of this ruling. 

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