Judge: Michael E. Whitaker, Case: 21STCV32821, Date: 2023-01-25 Tentative Ruling

Case Number: 21STCV32821    Hearing Date: January 25, 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

Defendants Fox Transportation, Inc. and Juan Carlos Rodriguez Lopez (collectively, Defendants) move to continue the trial, and all trial-related dates, which is currently set for March 3, 2023, to December 18, 2023.  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, Defendants seek a continuance of trial to complete necessary pre-trial discovery, to allow the Court to hear the Motions to Compel Plaintiff’s Discovery Responses currently scheduled to be heard about a month after the trial date, and to accommodate for the fact that Defendant Fox Transportation, Inc. was not served until about two hundred days after Plaintiff filed his Complaint.  Defendants rely on the declaration of Defendants’ counsel, Matthew H. Tesfai (Counsel). 

Counsel states that Plaintiff filed his Complaint in this matter on September 3, 2021, but did not serve Defendant Fox Transportation, Inc. until April 13, 2022.  (Declaration of Matthew H. Tesfai, ¶¶ 3-4.)  Further Counsel avers that Plaintiff has significant outstanding discovery necessitating Defendants to schedule hearings on their motions to compel Plaintiff’s discovery.  (Declaration of Matthew H. Tesfai, ¶¶ 6-9.)  However Defendants were not able to schedule hearings for those motions until April 4, 2023, thirty-two days after the currently scheduled trial date.  (Declaration of Matthew H. Tesfai, ¶10.) [1]

Accordingly, the Court finds Defendants have shown good cause for a trial continuance pursuant to California Rules of Court, rule 3.1332 to a date after April 4, 2023.  However, the Court finds that Defendants have not shown good cause for a trial continuance to December 2023.

CONCLUSION AND ORDER

Therefore, the Court grants, in part, Defendants’ motion to continue trial and all trial related dates and orders as follows:

• The trial date, currently set for March 3, 2023, is continued to July 14, 2023 at 8:30 AM in Department 32.

   

• The Final Status Conference, currently set for February 17, 2023, is continued to June 29, 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 July 14, 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 ruling and file a proof of service of such.