Judge: Michelle C. Kim, Case: 19STCV33133, Date: 2023-04-27 Tentative Ruling

Case Number: 19STCV33133    Hearing Date: April 27, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Stefanie Cortez, a minor by and through her guardian ad litem, Mayra Rodriguez, (“Plaintiff”) filed this action against Defendant Southern California Gas Company (“Defendant”) for damages relating to Plaintiff’s trip and fall over an alleged broken utility cover.  Trial is currently set for July 28, 2023. 

Defendant now moves to continue the current trial date to December 11, 2023.  On April 14, 2023, Plaintiff filed a Notice of Non-Opposition to Defendant’s motion. 

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, Defendant asserts a trial continuance is necessary because there has been a significant and unanticipated change in the status of the case and Plaintiff’s condition.  Defendant provides that in February and March 2023, Plaintiff provided discovery responses that disclosed new alleged injuries and damages, including permanent nerve damage and psychiatric claims.  Defendant provides it has retained a neurologist to conduct a medical exam of Plaintiff, which Plaintiff has agreed to.  Further, Defendant provides that Plaintiff agrees to the trial continuance, so there will not be any prejudice to the parties as a result of the continuance.  The motion is unopposed, and Defendant establishes good cause for the continuance.  Given the age of this case, the parties must expect no further continuances.  They must plan all discovery and motion practice accordingly.  Indeed, it is not always possible for a plaintiff to finish treatment prior to trial. 

Defendant’s motion to continue trial is granted.  The July 28, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The July 14, 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. 

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 27^th day of April 2023