Judge: Michelle C. Kim, Case: 20STCV05577, Date: 2023-05-01 Tentative Ruling

Case Number: 20STCV05577    Hearing Date: May 1, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 11, 2020, Plaintiff Maya Wilcots (“Plaintiff”) filed this action against Defendant Nabil George Salem (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for May 22, 2023. 

Defendant now moves to continue the current trial date for three months to August 22, 2023.  No opposition to the motion has been received.   

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 there is good cause for a trial continuance because Defendant will be out of the country and unavailable for the trial date.  Further, Defendant provides that defense counsel will be unavailable due to a pre-paid vacation at the time of trial due to a pre-paid vacation.  Additionally, Defendant asserts that Defendant anticipates that the additional time will allow the parties to engage in meaningful settlement discussions.  Defendant further asserts that there have been no trial continuances since Defendant filed his answer to the complaint.  The current trial date was set at an Order to Show Cause Re: Dismissal heard on April 7, 2022.  It is unclear when Defendant planned or knew he would be out of the country or when defense counsel planned their vacation.  Nonetheless, given that the motion is unopposed, and Defendant represents the parties have expressed an interest in mediation, the Court will grant a short trial continuance.  However, because Defendant does not identify any specific discovery additional time is needed to obtain that could not have been previously obtained despite diligent efforts, and because this action is nearing four years old, the trial-related dates will not be continued with the new trial date.  The parties must expect no further continuances. 

Defendant’s motion to continue trial is granted.  The May 22, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The May 8, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31. 

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 1^st day of May 2023