Judge: Michael E. Whitaker, Case: 21STCV36494, Date: 2023-03-30 Tentative Ruling

Case Number: 21STCV36494    Hearing Date: March 30, 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/Cross Defendants Boulevard Investment Group, Inc. and Roscoe Etiwanda Medical, LLC (collectively, “Defendants”) move to continue the trial, currently set for January 11, 2024, to June 26, 2024.  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 trial continuance so that the Court may hear their motion for summary judgment before trial and because Defendants’ counsel has five trials scheduled for March and April 2024.  (Jonobi Decl. ¶¶ 5-6.)  Here, Defendants state that the earliest hearing date they were able to reserve for a motion for summary judgment was April 26, 2024. (Jonobi Decl. ¶ 5.)  

The Court is keenly aware of its impacted law and motion calendar and parties’ inability to reserve timely hearings on motions especially motions for summary judgment and summary adjudication.  Accordingly, 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 all trial related dates and orders as follows:

·         The trial date, currently set for January 11, 2024 is continued to June 26, 2024 at 8:30 A.M. in Department 32.

·         The Final Status Conference, currently set for December 27, 2023 is continued to June 12, 2024 at 10:00 A.M. in Department 32.

·         All discovery and pre-trial motion cut-off dates shall be based upon the new trial date of June 26, 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. 

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