Judge: Michelle C. Kim, Case: 20STCV47219, Date: 2023-04-20 Tentative Ruling

Case Number: 20STCV47219    Hearing Date: April 20, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Luis Luna (“Plaintiff”) filed this action against Defendants Montclair Bronze, Inc. and Anthony Aveces (collectively, “Defendants”) for damages arising from a motor vehicle vs. motorcycle accident.  Trial is currently set for May 26, 2023. 

Plaintiff and Defendants now jointly move to continue the current trial date to September 15, 2023. 

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, the parties assert there is good cause to continue the trial date because the parties are in the midst of serious settlement discussions, and they require additional time to potentially conduct a mediation.  The parties further assert they require additional time obtain essential evidence and complete further discovery to prepare for trial and have meaningful settlements discussions.  The parties have stipulated to the requested continuance and agree that no party will be prejudiced by the continuance. 

The parties establish good cause for the continuance.  However, the parties must expect no further continuances.  They must plan all motion and discovery practice accordingly. 

The motion to continue trial is granted.  The May 26, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The May 12, 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. 

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 20^th day of April 2023