Judge Mark E. Windham, Case 21STLC02849 2022-09-14 Tentative Ruling

Judge: Mark E. Windham, Case: 21STLC02849, Date: 2022-09-14 Tentative Ruling

Case Number: 21STLC02849 Hearing Date: September 14, 2022 Dept: 26

CONTINUE TRIAL DATE

(CRC RULE 3.1332)

TENTATIVE RULING:

Plaintiff Jamie Addeo’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO APRIL 11, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DEEMED AN IMPROPER REFILING OF LASC CASE NO. 19STLC09394 PURSUANT TO LOS ANGELES SUPERIOR COURT RULE 3.3(d), AND THEREFORE DISMISSED, IS SET FOR SEPTEMBER 21, 2022 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

SERVICE:

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 1005 and 1013) OK

SUMMARY OF COMPLAINT: Action for personal injuries.

GROUNDS FOR MOTION: Continue trial date because Plaintiff has been diagnosed with breast cancer and must undergo treatment during the next three to four months.

OPPOSITION: None filed as of September 12, 2022.

REPLY: None filed as of September 12, 2022.

ANALYSIS:

On April 12, 2021, Plaintiff Jamie Addeo (“Plaintiffs”) filed the Complaint in this action against Defendant Mary’s Long Beach, Inc. (“Defendant”). Following the Court’s denial of Defendant’s Motion to Strike the Complaint, Defendant filed its Answer on October 8, 2021.

On May 14, 2021, Defendant filed a Notice of Related Case with respect to Addeo v. Hamburger Mary’s Bar & Grille, et al., LASC Case No. 19STLC09394. The Notice of Related Case was not filed in LASC Case No. 19STLC09394 until September 21, 2021. On September 22, 2021, the Court deemed the cases related.

Plaintiff filed the instant Motion to Continue Trial Date on July 11, 2022. No opposition has been filed to date.

Discussion

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (Cal. Rules of Court, Rule 3.1332, subd. (c).) The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial. (See generally, Cal. Rules of Court, Rule 3.1332, subd. (d)(1)-(11).) Additionally, factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application. (Cal. Rules of Court, Rule 3.1332, subds. (c), (d).)

Plaintiff argues that good cause exists for a continuance of the trial date, which is currently set for October 11, 2022, because she was recently diagnosed with breast cancer. (Motion, Cole Decl., ¶2.) Plaintiff will be required to undergo surgery and chemotherapy over the next few months. (Id. at ¶¶2-3.) Also, during this time, Plaintiff is living in and receiving treatment in New Jersey, making an appearance in Los Angeles for the upcoming trial date impossible. (Id. at ¶3.)

Based on the foregoing and the lack of any opposition, the Court finds that the factors of Rule 3.1332 weigh in favor of a six-month continuance of the trial date.

Conclusion

Plaintiff Jamie Addeo’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO APRIL 11, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.