Judge: Michael E. Whitaker, Case: 18STCV09097, Date: 2022-09-28 Tentative Ruling

Case Number: 18STCV09097    Hearing Date: September 28, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Defendant Hyun Il Shin moves for a court order continuing the current October 14, 2022 trial date for six months.  The motion is unopposed.

ANALYSIS

“Continuances are granted only on an affirmative showing of good cause requiring a continuance.”  (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)  A trial court has broad discretion in considering a request for a trial continuance.  (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)  California Rules of Court rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial.  Whether the parties have stipulated to the postponement is a relevant factor for consideration.  (See Code Civ. Proc., § 595.2; but see Lorraine v. McComb (1934) 220 Cal. 753, 756-757 [finding a stipulation to be merely “directory”].)

Here, Defendant Shin seeks a continuance of the trial date on grounds that there are pending workers’ compensation claims stemming from Plaintiff’s injuries that have yet to be adjudicated.  Defendant indicates Plaintiff’s counsel is attempting to negotiate a resolution of the workers’ compensation claims and thus, Defendant asserts judicial resources will be squandered if trial were to proceed before the workers compensation claims are fully adjudicated.  Further, Defendant provides that the parties have agreed to a trial continuance of six months.

The Court finds Defendant has established good cause to continue the trial.  The Court further finds that a continuance would not prejudice Plaintiff as Plaintiff has stipulated to the continuance.

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion to continue trial and orders as follows:

• The trial date, currently set for October 14, 2022, is continued to April 18, 2023 at 8:30 AM in Department 32.

   

• The Final Status Conference, currently set for September 30, 2022, is continued to April 4, 2023 at 10:00 AM in Department 32.

   

• All discovery and pre-trial motion cut-off dates shall be based upon the trial date of April 18, 2023.

   

• Per the Discovery Act, the parties shall meet and confer forthwith to schedule and complete all non-expert discovery and to prepare for the completion of expert discovery to obviate the need for a further continuance of the trial. 

   

• No further continuance of the trial absent sufficient good cause. 

   

  Defendant shall provide notice of the Court’s ruling and file a proof of service of such.