Judge: Maurice A. Leiter, Case: 19STCV23321, Date: 2022-10-12 Tentative Ruling

Case Number: 19STCV23321    Hearing Date: October 12, 2022    Dept: 54

Hearing Date: October 12, 2022

Department 54, Judge Maurice A. Leiter

Motion to Continue Trial

Moving Party: Defendant Gerald M. Friedman

Responding Party: Plaintiff Randy Chew

T/R:     DEFENDANT’S MOTION TO CONTINUE TRIAL IS DENIED.

            DEFENDANTS 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 moves to stay, dismiss, or continue trial on the ground that Plaintiff has yet to substitute decedent Defendant’s personal representative into the action. In opposition, Plaintiff asserts that he will substitute the personal representative prior to trial. The Court’s record reflects Plaintiff has filed an ex parte application for substitution to be heard on October 14, 2022. The trial will not be continued.

Defendant’s motion is DENIED.