Judge: Michelle C. Kim, Case: 20STCV20537, Date: 2023-03-13 Tentative Ruling

Case Number: 20STCV20537    Hearing Date: March 13, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

Plaintiff Uri Perez (“Plaintiff”) filed this action against Defendants Rudy Savaria, Adan Soto, Greg Garcia, and Does 1-50 (“Defendants”) for damages arising from a motor vehicle accident.  Trial is set for June 28, 2023. 

Defendant Garcia now moves for an order continuing the trial from June 28, 2023 to January 3, 2024, or to a date approximately six (6) months out and continuing all trial-related dates.  No opposition to the motion has been filed.

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 Garcia asserts there is good cause to continue the trial date because Defendant’s motions to compel discovery are scheduled to be heard on July 10 and 11, 2023, after the June 28, 2023 trial date.  According to Defendant Garcia, these were the earliest available hearing dates for the motions to compel on the Court’s calendar and he will suffer significant prejudice without a trial continuance. Defendant Garcia also argues that there has been no trial continuance since Defendant appeared in the matter.  Further, expert witness discovery for both Plaintiff and Defendant is incomplete and the additional time request will allow for the opportunity to further engage in meaningful settlement discussions. 

                The motion is unopposed, and Defendant Garcia establishes good cause for the continuance. 

 Defendant’s motion to continue trial is granted.  The June 28, 2023 trial date is continued to January 3, 2024 at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The June 14, 2023 Final Status Conference is continued to December 20, 2023 at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are to be based on 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 13^th day of March 2023