Judge: Michelle C. Kim, Case: 21STCV02407, Date: 2023-04-27 Tentative Ruling

Case Number: 21STCV02407    Hearing Date: April 27, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Steven Cancian (“Plaintiff”) filed this action against Defendant Maximo Roman and Southern Counties Lubricants, LLC (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Trial is currently set for May 26, 2023. 

Defendants now move to continue the current trial date to December 18, 2023.  The motion is unopposed. 

Defendants electronically served the instant motion on April 5, 2023, and filed it April 7, 2023.  Pursuant to CCP § 1005, all moving and supporting papers must be served and filed at least 16 court days prior to the hearing.  Additionally, “[a]ny period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days.”  (CCP § 1010.6(a)(4)(B).)  Eighteen court days before this hearing would have been April 3, 2023.  Consequently, Defendants did not timely file and serve the motion.

Defendants’ counsel is put on notice that failure to timely file and serve papers in the future will result in matters being taken off calendar.  Because Defendants indicate that all parties stipulate to a trial continuance, if all parties appear on April 27, 2023, and consent to going forward, the Court will rule on the motion as follows:

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, Defendants assert that the parties have been unable to complete discovery, including completing Plaintiff’s deposition, a medical exam of Plaintiff due to Plaintiff residing out of state, and depositions of Defendants’ personnel.  Defendants further provide that the parties have agreed to mediate this matter and have booked the mutually agreeable date of October 19, 2023, with their selected mediator.  Defendants contend that there will be no prejudice to any parties or witnesses from the continuance, and Defendants provide that all parties stipulated to the requested continuance.  (Mot. Exh. A.) 

The motion is unopposed, and Defendant establishes good cause for the continuance.  However, given the age of the case and the length of continuance that will be granted, the parties must expect no further continuances.  They must plan all motion and discovery practice accordingly. 

Defendants’ 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. 

Defendants are 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 26^th day of April 2023