Judge: Michelle C. Kim, Case: 19STCV02913, Date: 2023-04-20 Tentative Ruling

Case Number: 19STCV02913    Hearing Date: April 20, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Salvador Elizarraras and Fernando Garcia (collectively, “Plaintiffs”) filed this action against Defendants Dhoor Gurpreet Singh and Tripe Eight Transport, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Trial is currently set for May 17, 2023. 

Plaintiffs and Defendants have filed a joint motion to continue the current trial date to August 17, 2023. 

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  (CRC Rule 3.1332(c).)  The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted:  (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial.  (See generally, CRC Rule 3.1332(d)(1)-(11).)  Additional factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application.  (CRC Rule 3.1332(c), (d).)

Here, the parties stipulate to the continuance and provide that there has been only one prior trial continuance in this matter.  The parties assert that they require additional time to complete discovery and prepare for trial.  In particular, the parties state that Defendants seek a mental examination of Plaintiff, but Defendant’s expert is not available until July 2023.  The parties aver no party will be prejudiced by the continuance, and that the interests of justice will be served by the continuance. 

The parties establish good cause for the short continuance.  However, given the age of this case, the parties must expect no further continuances.  They must plan all motion and discovery practice accordingly. 

The motion to continue trial is granted.  The May 17, 2023, trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The May 3, 2023, Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cut-off dates are continued to reflect the new trial date. 

Defendants are ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 20^th day of April 2023