Judge: Michael E. Whitaker, Case: 19STCV03739, Date: 2022-12-12 Tentative Ruling

Case Number: 19STCV03739    Hearing Date: December 12, 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

Defendants Uber Technologies, Inc., Rasier-CA, LLC, and Rasier, LLC Authority (collectively, Defendants) move to continue the trial, including all related dates and deadlines in this matter, which is currently set for February 6, 2023, to August 7, 2023.  Neither Co-Defendant Jonathan Cardona (Co-Defendant) nor Plaintiff Kennon Yi (Plaintiff) have filed oppositions to the motion.  Defendants advance a joint stipulation between Defendants, Co-Defendant, and Plaintiff to a continuance of trial to August 7, 2023.

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, Defendants argue there is good cause for a continuance based on (1) a significant, unanticipated change in the status of the case as a result of Plaintiff’s withdrawal of otherwise binding admissions, and (2) Defendants’ inability to obtain essential evidence due to Plaintiff’s failure to comply with his discovery obligations.    Defendants rely on the declaration of Defendants’ counsel, Justina L. Tate (Counsel).  Counsel states that Defendants initially filed a motion for summary adjudication based on a set of Plaintiff’s tendered binding verified admissions.  (Declaration of Justina L. Tate, ¶¶ 3, 4.)  However, on August 4, 2022, the Court granted Plaintiff’s motion to be relieved from said admissions, and thus the hearing for summary adjudication was withdrawn.  (Declaration of Justina L. Tate, ¶¶ 5-7.)  Since the filing of this motion, Plaintiff has failed to serve verified responses on Defendants to the following discovery requests: (1) Special Interrogatories, set one; (2) Requests for Production, set two.  (Declaration of Justina L. Tate, ¶¶ 8, 9.)  Further, the parties have recently agreed to engage in mediation and have reserved a date for May 18, 2023.  (Declaration of Justina L. Tate, ¶ 11.)  Finally, all parties have stipulated to a trial continuance.  (Declaration of Justina L. Tate, ¶ 12, Exhibit 8.)

Therefore, the Court finds Defendants have shown good cause for a trial continuance pursuant to California Rules of Court, rule 3.1332.

CONCLUSION AND ORDER

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

• The trial date, currently set for February 6, 2023, is continued to August 9, 2023, at 8:30 AM in Department 32.

   

• The Final Status Conference, currently set for January 3, 2023, is continued to July 26, 2023 at 10:00 AM in Department 32.

   

• All discovery and pre-trial motion cut-off dates shall be based upon the new trial date of August 9, 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. 

   

  Defendants shall provide notice of the Court’s orders and file a proof of service of such.