Judge: Maurice A. Leiter, Case: 21STCV00429, Date: 2022-10-21 Tentative Ruling

Case Number: 21STCV00429    Hearing Date: October 21, 2022    Dept: 54

Hearing Date: October 21, 2022

Department 54, Judge Maurice A. Leiter

Motion to Continue Trial

Moving Party: Plaintiff Suzanne Slater

Responding Party: Defendant Rachel Kennedy

T/R:     PLAINTIFF’S MOTION TO CONTINUE TRIAL IS GRANTED. TRIAL IS CONTINUED TO JUNE 12, 2023 AT 9:30. FINAL STATUS CONFERENCE CONTIINUED TO JUNE 2, 2023 AT 9:30. PRETRIAL DEADLINES ARE NOT CONTINUED.

            PLAINTIFF 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.

BACKGROUND

                        On July 25, 2022, Plaintiff Suzanne Slater filed the operative third amended complaint against Defendant Rachel Kennedy, asserting causes of action for (1) intentional interference with expectancy of inheritance; (2) civil theft; and (3) violation of the Comprehensive Computer Data and Access Fraud Act. Plaintiff alleges that Defendant fraudulently altered the beneficiaries of decedent’s accounts, depriving Plaintiff of her full inheritance.

ANALYSIS

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).) 

Plaintiff moves for a 30 to 60-day trial continuance on the ground that Plaintiff’s counsel will be unavailable for the currently set May 1, 2023. Plaintiff’s counsel represents that he is obligated to attend and teach at the International Association of Computer Investigative Specialists (IACIS) conference from May 1, 2023 to May 5, 2023. Defendant opposes the motion, arguing that counsel’s choice to attend a conference is not good cause for a trial continuance.

The Court will allow a continuance. Plaintiff has been diligent in bringing this motion and would be greatly prejudiced if it were denied. Defendant will not be prejudiced by the continuance.

Plaintiff’s motion is GRANTED.