Judge: Michael E. Whitaker, Case: 21STCV04147, Date: 2023-05-18 Tentative Ruling

Case Number: 21STCV04147    Hearing Date: May 18, 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 City of Santa Monica (Defendant) moves to continue the trial, and all other trial related deadlines, which is currently set for August 11, 2023, to accommodate the December 18, 2023 hearing for Defendant’s motion to compel Plaintiff Maria Solares (Plaintiff)’s physical examination.  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 seeks a continuance of trial so that its motion to compel Plaintiff’s physical examination may be heard by the Court.  Defendant advances the declaration of its counsel, Patricia “Molly” Ford (Counsel). 

On December 21, 2022, Counsel served Plaintiff with a demand for physical examination with Scott Forman, M.D, and set the examination for March 14, 2023.  (Declaration of Patricia “Molly” Ford, ¶ 3, Exhibit 1.)  Counsel avers that Defendant has not received an objection from Plaintiff regarding the examination and Plaintiff did not appear for the scheduled physical  examination.  (Declaration of Patricia “Molly” Ford, ¶ 3.)  On March 22, 2023, Counsel filed on behalf of Defendant a motion to compel the physical examination of Plaintiff and reserved the hearing date for the motion on December 18, 2023, which is after the currently scheduled trial date.  (Declaration of Patricia “Molly” Ford, ¶ 4.)  

Accordingly, the Court finds Defendant has shown good cause for a 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:

·         Defendant’s motion to compel the physical examination of Plaintiff is advanced from December 18, 2023 reset on July 28, 2023 at 1:30 PM in Department 32. Opposition and reply papers shall be filed and served per Code of Civil Procedure section 1005. 

·         The trial date, currently set for August 11, 2023, is continued to December 15, 2023 at 8:30 AM in Department 32.

·         The Final Status Conference, currently set for July 27, 2023, is continued to November 30, 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 December 15, 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.