Judge: Michelle C. Kim, Case: 20STCV45945, Date: 2023-03-23 Tentative Ruling

Case Number: 20STCV45945    Hearing Date: March 23, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Adriana Dorantes (“Plaintiff”) filed this action against Defendant Mohsen Hamidi Hashemi (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for April 28, 2023. 

Defendant now moves to continue the current trial date to August 1, 2023, or a date thereafter.  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 avers a continuance is necessary because Defendant currently has three pending discovery motions against Plaintiff.  Defendant has a motion to compel a physical examination of Plaintiff set for April 19, 2023, less than two weeks before the current trial date, and has two motions to compel responses to written discovery set for May 23, 2023, after the current trial date.  Defendant contends that Plaintiff has not been cooperative in discovery, which has required Defendant to file multiple motions in this matter.  Further, Defendant asserts that after Plaintiff appeared for her court-ordered deposition on January 30, 2023, Defendant learned that Plaintiff is claiming more serious injuries than previously known, such that additional time is needed to prepare for trial.  Defendant provides that Plaintiff has stipulated to the trial continuance.  (Mot. Exh. A.)  The motion is unopposed, and Defendant establishes good cause for the continuance.  Moreover, concerning Defendant’s discovery motions set for after the current trial date, as the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, Defendant properly seeks to continue trial instead of seeking to specially set the hearing date for the motions to compel. 

The Court notes that this is the third trial continuance in this matter.  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 April 28, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The April 14, 2023, 2022 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cut-off 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 23^rd day of March 2023