Judge: Michael E. Whitaker, Case: 20STCV11352, Date: 2023-04-27 Tentative Ruling

Case Number: 20STCV11352    Hearing Date: April 27, 2023    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 PNS Stores, Inc. (Defendant) moves to continue the trial, including all related dates and deadlines in this matter, which is currently set for April 27, 2023, to August 7, 2023.  Plaintiffs Antonio Zepeda and Sandra Zepeda (collectively, Plaintiffs) join in Defendant’s motion.

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 and Plaintiffs agree there is good cause for a continuance because it will allow the parties to complete necessary discovery, as well as complete the scheduled mediation set for May 4, 2023.  Defendant advances the declaration of its counsel, Jaynee Mathis (Mathis), in support of the motion to continue.  Mathis avers that Defendant began taking the deposition Antonio Zepeda (Antonio), but had to suspend the deposition due to time constraints for the day and is thus in the process of scheduling a second deposition session.  (See Declaration of Jaynee Mathis, ¶ 2.)  Mathis further explains that the parties are attempting to resolve an issue that arose during the deposition regarding a line of questioning on Antonio’s damages.  (See Declaration of Jaynee Mathis, ¶ 2.)  Counsel states that the parties have agreed to privately mediate this matter and have scheduled mediation for May 4, 2023.  (See Declaration of Jaynee Mathis, ¶ 3.)  Counsel also notes that this is only the third requested trial continuance.  (See Declaration of Jaynee Mathis, ¶ 5.)

Defendant further advances the declaration of Plaintiffs’ counsel, Marc Katzman (Katzman), in support of the instant motion to continue.  Katzman states that Plaintiffs support Defendant’s request for a 90-day trial continuance.  (See Declaration of Marc Katzman, ¶ 4.)  Katzman lists the remaining discovery to be completed by Plaintiffs as “Plaintiff’s Second Session Deposition”, “Production of Defendant’s Defense Medical Report”, and “The store employee and PMQ depositions”.  (See Declaration of Marc Katzman, ¶ 4.) 

The Court finds that Defendant and Plaintiffs have shown good cause for  the trial continuance pursuant to California Rules of Court, rule 3.1332.

CONCLUSION AND ORDER

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

·         The trial date, currently set for April 27, 2023, is continued to August 7, 2023 at 8:30 AM in Department 32.

·         The Final Status Conference, currently set for April 27, 2023, is continued to July 24, 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 7, 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.