Judge: Michelle C. Kim, Case: 20STCV45273, Date: 2023-04-18 Tentative Ruling

Case Number: 20STCV45273    Hearing Date: April 18, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ruby Leath (“Plaintiff”) filed this action against Defendant Costco Wholesale Corporation (“Defendant”) for injuries Plaintiff sustained when Defendant’s employee allegedly hit Plaintiff with several carts when Plaintiff was sitting outside of Defendant’s store.  Trial is currently set for May 24, 2023. 

Defendant now moves to continue the current trial date to August 2023, or a date thereafter.  The motion is unopposed.  April 7, 2023, Defendant filed a notice of non-opposition to the 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 there is good cause to continue the trial date because the parties have agreed to engage in private mediation, but their selected mediator is not available until June 1, 2023, after the current trial date.  Defendant further asserts that additional time will be required to complete discovery and prepare for trial if mediation is not successful.  In addition, Defendant attests that Plaintiff’s and defense counsel are unavailable for the current trial date.  Defendant contends that no party will be prejudiced by the continuance, and that Plaintiff has agreed to the proposed continuance. 

The motion is unopposed, and Defendant establishes good cause for a short continuance.  However, given the age of the case, and because this will be the third trial continuance, the parties must expect no further continuances.  They must plan all motion and discovery practice accordingly.    

Defendant’s motion to continue trial is granted.  The May 24, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The May 10, 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 18^th day of April 2023