Judge: Maurice A. Leiter, Case: 18STCV05750, Date: 2024-01-24 Tentative Ruling


Case Number: 18STCV05750    Hearing Date: January 24, 2024    Dept: 54

Superior Court of California

County of Los Angeles

 

Weichou Huang,

 

 

 

Plaintiff,

 

Case No.:

 

 

18STCV05750

 

vs.

 

 

Tentative Ruling

 

 

Xiangjie Zhou, et al.,

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date: January 24, 2024

Department 54, Judge Maurice Leiter

Motion to Continue Trial

Moving Party: Defendant Xiangjie Zhou

Responding Party: Plaintiff Weichou Huang

 

T/R:     DEFENDANT’S MOTION TO CONTINUE TRIAL IS GRANTED IN PART.

 

TRIAL IS CONTINUED TO MARCH 18, 2024, AT 9:30 AM. THE FINAL STATUS CONFERENCE IS CONTINUED TO MARCH 8, 2024, AT 9:30 AM.

 

DEFENDANT TO NOTICE.

 

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

 

While trial continuances are generally disfavored, pursuant to CRC Rule 3.1332(c), circumstances that indicate good cause for a continuance include “[a] party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” (CRC Rule 3.1332(c)(6).) Factors the Court may consider include, “[t]he proximity of the trial date,” “[w]hether there was any previous continuance, extension of time, or delay of trial due to any party,” and “[t]he length of the continuance requested.” (CRC Rule 3.1332(d).)

 Defendant Xiangjie Zhou moves to continue trial for 90 days on the grounds that Defendant is awaiting criminal trial in China and Defendant’s counsel has an unrelated trial at the same time. Defendant does not indicate that Zhou will be able to travel to the United States within the next 90 days.

Plaintiff opposes a 90-day continuance. Plaintiff emphasizes that Defendant’s inability to travel to the US is indefinite. Plaintiff does not oppose a 3-to-4-week continuance to accommodate Defendant’s counsel. 

The Court declines to continue trial for 90 days. The parties have agreed that the five-year cut-off for this action is May 20, 2024; the parties have not stipulated to extend that deadline. The Court will allow a short continuance to accommodate Defendant’s counsel. 

Trial is CONTINUED to March 18, 2024, at 9:30 am. The final status conference is continued to March 8, 2024, at 9:30 am. Pretrial deadlines are not extended.