Judge: Michael E. Whitaker, Case: 21STCV42856, Date: 2023-04-07 Tentative Ruling

Case Number: 21STCV42856    Hearing Date: April 7, 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 Forest Lawn Memorial Park Association (Defendant) moves for an order to continue the trial, and all trial-related dates, which is currently set for May 19, 2023 to a date convenient to the Court in or after February 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, Defendant seeks a continuance of trial to accommodate the Motion for Summary Judgment hearing date set for January 10, 2024.  Defendant relies on the declaration of Defendant’s counsel, Alice Chen Smith (Counsel).  Counsel states that Defendant intends to make a motion for summary judgment, and the next available hearing date reserved on the Court’s calendar is after the currently set trial date.  (Declaration of Alice Chen Smith, ¶ 4.)  Defendant further advances a stipulation between the parties agreeing to a trial continuance.  (Declaration of Alice Chen Smith, ¶ 5, Exhibit A.)  The stipulation states that Defendant reserved the first available MSJ hearing for January 10, 2024, and thus the parties have agreed to set the trial for this matter on February 10, 2024, or as soon thereafter as is convenient to the Court.  (Declaration of Alice Chen Smith, ¶ 5, Exhibit A.)   

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 all trial related dates and orders as follows:

·         The trial date, currently set for May 19, 2023, is continued to February 27, 2024, at 8:30 AM in Department 32.

·         The Final Status Conference, currently set for May 5, 2023, is continued to February 13, 2024 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 27, 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 orders and file a proof of service of such.