Judge: Michael E. Whitaker, Case: 21STCV18858, Date: 2023-05-10 Tentative Ruling

Case Number: 21STCV18858    Hearing Date: May 10, 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 Elvis Ly (Defendant) moves to continue the trial, and all other trial related deadlines, which is currently set for July 11, 2023, to February 12, 2024.  Plaintiffs Mario Parada and Cecilia Peters (collectively, Plaintiffs) have not filed an opposition. 

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 to allow the parties additional time to obtain relevant records to the issue of damages for Plaintiff Mario Parada from the United States Navy.  Defendant relies on the declaration of his Counsel, John Nestler (Counsel), who states it was determined in September of 2022 that Plaintiff Mario Parada received treatment for his injuries at issue through the United States Navy.  (Declaration of John Nestler, ¶ 5.)  In September of 2022, Counsel issued subpoenas to the Naval Medical Center in Portsmouth Virginia, and in September and November of 2022 Counsel issued subpoenas to Tricare in Florence, South Carolina.  (Declaration of John Nestler, ¶ 7.)  Counsel states that as of the date of the preparation of his declaration, he has not received complete responses regarding the subject subpoenas or request for production of documents in the subpoenas.  (Declaration of John Nestler, ¶ 12.)  Counsel concludes because Plaintiff Mario Parada’s primary treatment for the subject accident was through the United States Navy, Defendant would be severely prejudiced without full access to Plaintiff Mario Parada’s medical records documenting his treatment through the United States Navy.  (Declaration of John Nestler, ¶ 15.)  Defendant further submits a supplemental declaration of Counsel which states Plaintiffs have signed a stipulation agreeing to the proposed trial continuance. 

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:

·         The trial date, currently set for July 11, 2023, is continued to February 16, 2024 at 8:30 AM in Department 32.

·         The Final Status Conference, currently set for June 26, 2023, is continued to February 1, 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 February 16, 2024.

·         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.