Judge: Maurice A. Leiter, Case: 22STCV33483, Date: 2023-12-15 Tentative Ruling

Case Number: 22STCV33483    Hearing Date: December 15, 2023    Dept: 54

Hearing Date: December 15, 2023

Department 54, Judge Maurice Leiter

Motion to Continue Trial

Moving Party: Plaintiff Christine Jones

Responding Party: None

T/R:     PLAINTIFF’S MOTION IS GRANTED.

TRIAL IS CONTINUED TO SEPTEMBER 3, 2024 AT 9:30. THE FINAL STATUS CONFERENCE WILL BE AUGUST 23, 2024 AT 9:30.  PRETRIAL DEADLINES WILL BE BASED ON THESE NEW DATES.

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. No opposition has been received.

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 to continue the February 26, 2024 trial and related dates to September or October 2024 on the ground that Plaintiff’s counsel will be engaged in trial in a different case in February. Defendants have stipulated to a trial continuance. This is the first request for a trial continuance in this action. Plaintiff represents that the parties are working together to move the case forward. The Court finds good cause for a continuance.

Plaintiff’s motion does not mention any efforts to settle this matter. The Court expects the parties to engage in diligent, good faith efforts to settle. The Court encourages the parties to agree soon to a mediator and a firm mediation date. The Court is unlikely to grant a further trial continuance.

Plaintiff’s motion is GRANTED.