Judge: Michelle C. Kim, Case: 20STCV45169, Date: 2023-04-18 Tentative Ruling

Case Number: 20STCV45169    Hearing Date: April 18, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ana Morales (“Plaintiff”) filed this action against Defendants Argo Spring Manufacturing Co., Inc. (“Defendant”) for damages arising from Plaintiff’s employment with Defendant when Plaintiff was operating a power press.  Trial is currently set for May 24, 2023. 

On March 6, 2023, Plaintiff filed the instant motion to continue the current trial date to January 2024.  The motion is unopposed.

Plaintiff provides that she has filed a motion for terminating sanctions against Defendant, which was heard on April 11, 2023, for Defendant’s failure to serve discovery responses.  Plaintiff provides that if the motion for terminating sanctions were denied, Plaintiff would have insufficient time to prepare for trial, and that additional time would be necessary for Plaintiff’s motion to deem request for admissions admitted to be heard. 

However, Plaintiff’s motion for terminating sanctions was heard and granted on April 11, 2023.  An order was issued striking Defendant’s answer to the complaint and entering Defendant’s default.  (Min. April 11, 2023.) 

Because the motion for terminating sanctions was granted, and Plaintiff does not otherwise provide any cause for continuing the trial date, Plaintiff’s motion to continue the trial date is denied.  Further, given the Defendant is now in default, the Court vacates the current trial date of May 24, 2023.  The Court sets an Order to Show Cause Re: Dismissal for failure to file Entry of Default Judgment for _____________ in this Department. 

Plaintiff 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 18^th day of April 2023