Judge: Michelle C. Kim, Case: 19STCV19190, Date: 2023-05-18 Tentative Ruling

Case Number: 19STCV19190    Hearing Date: May 18, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

1.     Background

On June 4, 2019, Plaintiff Reprudentia Sonkey (“Plaintiff”) filed this action against Defendant Myran Thomas, individually d/b/a La Spa Esthetique (“Defendant”) for negligence and personal injury arising from a micro needling procedure performed at La Spa Esthetique (the “Incident”).  Trial in this matter is currently set for June 16, 2023. 

Defendant now moves to continue trial to a date in or after November 2023, that is convenient with the Court’s calendar.  Defendant also moves for an order that all deadlines and cutoff dates be governed by the new trial date.  The motion is unopposed.

2.     Moton to Continue Trial

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).) 

Grounds for continuance include “[t]he unavailability of trial counsel because of death, illness, or other excusable circumstances” and “[a] party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.  (CRC Rule 3.1332(c)(3) and (6).)  

In determining whether a trial continuance is warranted, the Court may also consider other factors such as: (1) “[t]he proximity of the trial date”; (2) “[w]hether there was any previous continuance of trial due to any party”; (3) “[t]he length of the continuance requested”; (4) “[t]he availability of alternative means to address the problem that gave rise to the motion”; (5) “[t]he prejudice that parties or witnesses will suffer as a result of the continuance”; (6) “[w]hether trial counsel is engaged in another trial”; and (7) “[w]hether all parties have stipulated to a continuance.”  (See generally, CRC Rule 3.1332(d)(1)-(11).) 

Defendant argues there is good cause to continue trial date from June 16, 2023 to a date in or after November 2023, based on “[t]he unavailability of trial counsel because of death, illness, or other excusable circumstances” and “[a] party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.”  First, defense counsel will be unavailable because she will be on maternity leave from June 7, 2023 to October 11, 2023.  (Taylor Decl., ¶ 2.)  Second, Plaintiff served responses to discovery identifying she had surgery in Turkey in May 2021 and in Columbia in April 2022 that Plaintiff claims to be related to the injuries from the Incident, however the Turkey medical provider’s information has still not been provided despite Plaintiff’s response that the information was “being obtained.”  (Id., ¶ 4.)  Plaintiff’s discovery responses also indicated that Plaintiff was having surgery in Columbia in January, June, and December, 2023.  (Id.)  To obtain the surgery records from Turkey and/or Columbia, Defendant may have to submit a Letter of Request as required by the Hague Convention, however Defendant understands that the whole process would take between two and eight months.  (Id., ¶ 5.)  Consequently, Defendant is also seeking to get the documents through the medical liaison who organized the surgeries.  (Id., ¶ 6.)  Third, Defendant argues a continuance is supported by other factors.  For example, Plaintiff has agreed to and does not oppose the continuance, and this case is not subject to preferential treatment. (Id., ¶¶ 8-9.) 

Here, the Court finds there is good cause to continue the trial date based on the grounds and factors delineated above.  Also, the Court finds the five month continuance requested is reasonable, and no party will be prejudiced by the continuance as Defendant’s motion is unopposed.  Therefore, the Motion to Continue Trial filed by Defendant is GRANTED.

Defendant’s Motion to Continue Trial is GRANTED.  The June 16, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The June 2, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are continued to reflect the new trial date. 

Moving Defendant is 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 18^th day of May 2023