Judge: Lisa R. Jaskol, Case: 22STCV28043, Date: 2024-01-23 Tentative Ruling

Case Number: 22STCV28043    Hearing Date: January 23, 2024    Dept: 28

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

BACKGROUND 

On August 29, 2022, Plaintiff Nadereh Kangavari (“Plaintiff”) filed this action against Defendants Cedars Sinai Medical Center (“Medical Center”), Cedars Sinai Health System (“Health System”), and Does 1-50 for general negligence and premises liability. 

On October 17, 2022, Medical Center and Health System (“Defendants”) filed an answer. 

On November 9, 2023, Defendants filed a motion for summary judgment to be heard on November 7, 2024. 

On November 21, 2023, Defendants filed a motion to continue the trial to accommodate their summary judgment motion, set for January 17, 2024.  The Court continued the hearing to January 23, 2024.  Plaintiff has not filed an opposition. 

Trial is currently scheduled for February 26, 2024. 

PARTIES’ REQUEST 

Defendants ask the Court to continue the trial to a date after the November 7, 2024 hearing on their summary judgment motion. 

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 

The trial is currently scheduled for February 26, 2024.  Moving Defendants served their motion for summary judgment on November 9, 2023.  Because of the Court’s impacted calendar, the hearing on the summary judgment motion was scheduled for November 7, 2024, after the February 26, 2024 trial date. 

The Court finds good cause and grants the motion to continue the trial to a date after the November 7, 2024 hearing on the summary judgment motion.  The final status conference and all related discovery and pre-trial dates will be based on the new trial date. 

CONCLUSION 

The Court GRANTS the motion of Defendants Cedars Sinai Medical Center and Cedars Sinai Health System to continue the trial.  Trial is continued to December 10, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 26, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates will be based on the new trial date. 

Moving parties are ordered to give notice of this ruling. 

Moving parties are to file proof of service of this ruling within five days.