Judge: Michelle C. Kim, Case: 19STCV28184, Date: 2023-08-14 Tentative Ruling

Case Number: 19STCV28184    Hearing Date: August 14, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JUAN RAMON FUENTES HERNANDEZ, 

Plaintiff(s),  

vs. 

 

MANUEL DEJESUS PUGA, ET AL., 

 

Defendant(s). 

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      CASE NO: 19STCV28184 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

August 14, 2023 

 

On August 9, 2019, Juan Ramon Fuentes Hernandez (“Plaintiff”) filed this action against Defendants Manuel DeJesus Puga and Dnelevets, Inc. (“Defendants”) for damages arising out of a motor vehicle accident.¿On July 23, 2020, Plaintiff filed an Amendment to Complaint naming Hyundai Transmission, Inc. as Doe 1. The current trial date is November 2, 2023.  

Defendants now move to continue the current trial date to six months after March 22, 2024 so that Defendants’ motion to compel responses, set for March 22, 2024, may be heard. Any opposition was due on or before August 1, 2023. The motion is unopposed. 

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, Defendants argue a continuance is necessary because Defendants served supplemental interrogatories, set three, and supplemental demand for inspection, set three, upon Plaintiff on March 10, 2023. To date, Plaintiff has not served responses to supplemental discovery after an attempt to meet and confer, and therefore Defendants filed motions to compel. Defendants aver that the earliest available hearing date for their motions to compel was for March 22, 2024. Defendants seek to have their motions heard prior to the trial date.  

This is the third request for a trial continuance. The requested trial-continuance to a date six months after March 22, 2024 would place the age of this case well past the five year mark. Therefore, although the Court will continue the trial date, it will only be for the necessary amount of time for Defendants’ discovery motions to be heard and for Plaintiff to serve responses. Given the number of requests for a continuance and the age of the case, there will be no further continuances.  The parties must plan all discovery and trial preparation accordingly.    

Defendants’ motion to continue trial is granted.  The November 2, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 19, 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.  

 

Moving 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 11th day of August 2023 

 

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court