Judge: Maurice A. Leiter, Case: 23STCV13994, Date: 2024-10-16 Tentative Ruling

Case Number: 23STCV13994    Hearing Date: October 16, 2024    Dept: 54

Hearing Date: October 16, 2024

Department 54, Judge Maurice Leiter

Motion to Continue Trial

Moving Party: Defendant County of Los Angeles

Responding Party: Plaintiff Romelia Valenzuela

T/R:     DEFENDANT’S MOTION TO CONTINUE TRIAL IS GRANTED. THE TRIAL IS CONTINUED TO APRIL 14, 2025 AT 9:30. THE FINAL STATUS CONFERENCE IS CONTINUED TO APRIL 4, 2025 AT 9:30. PRETRIAL DEADLINES ARE EXTENDED TO BE BASED ON THESE NEW DATES.

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 moves to continue trial from December 2024 to June 2025. Defendant asserts that a key witness, Defendant’s employee Nancy Castaneda, was on leave from May 2024 to September 2024, preventing Defendant from obtaining her testimony until September 2024. Defendants request a trial continuance so they may file a motion for summary judgment incorporating Ms. Castaneda’s testimony. In opposition, Plaintiff asserts that Defendants could have deposed Ms. Castaneda before going on leave and could have reserved a summary judgment date but again failed to do so. Plaintiff represents that she will be prejudiced by a trial continuance.

The Court will grant a brief continuance of the trial. There have been no prior continuances, and the Court will allow Defendant sufficient time to pursue a summary judgment motion including this testimony.

Defendant’s motion to continue trial is GRANTED.