Judge: Michelle C. Kim, Case: 20STCV44157, Date: 2023-04-27 Tentative Ruling

Case Number: 20STCV44157    Hearing Date: April 27, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Luis A. Castillo Gomez (“Plaintiff”) filed this action against Defendant Super Center Concepts, Inc. (“Defendant”) for damages relating to Plaintiff’s alleged slip and fall in Defendant’s store.  Trial is currently set for June 5, 2023. 

Defendant now moves to continue the current trial date to February 2, 2024.  No opposition 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 avers a continuance is necessary because Plaintiff did not serve Defendant with the summons and complaint until April 11, 2022, and Defendant did not file its answer until May 25, 2022.  Defendant contends that as a result, and despite the parties diligently engaging in written discovery, the parties require additional time to complete discovery and to obtain essential evidence.  Further, Defendant states that the parties have agreed to mediate this matter and obtained a mediation date for August 9, 2023 with their selected mediator, which was the first available date.  Defendant provides that this is the first trial continuance request and contends that no party will be prejudiced by the continuance.  The motion is unopposed, and Defendant establishes good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The June 5, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The May 19, 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.  The parties must expect no further continuances.  They must plan all discovery and motion practice accordingly. 

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