Judge: Michelle C. Kim, Case: 21STCV02407, Date: 2023-11-08 Tentative Ruling


Case Number: 21STCV02407    Hearing Date: November 8, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

STEVE CANCIAN, 

Plaintiff(s),  

vs. 

 

MAXIMO ROMAN, ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 21STCV02407 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

November 8, 2023 

 

I. Background 

On January 21, 2021, Plaintiff Steve Cancian (“Plaintiff”) filed this action against Defendants Maximo Roman and Southern Counties Lubricants LLC (“Defendants”) for damages arising from a motor vehicle collision. Trial is currently set for December 18, 2023.   

On October 6, 2023, Defendants filed the instant motion requesting the Court to continue the trial date and all related dates to May 10, 2024 or a date thereafter. No opposition was filed. 

 

II. Legal Standard 

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).) 

 

III. Discussion 

Here, Defendants aver a continuance is necessary because Defendants need more time to conduct Plaintiff’s in-person deposition and to complete a defense medical examination (“DME”) of Plaintiff. The parties met and conferred on Plaintiff’s in-person deposition, but due to scheduling conflicts and Plaintiff’s need for surgery, the parties forestalled the deposition and DME to be completed after Plaintiff’s surgery. Plaintiff underwent tarsal tunnel decompression surgery in North Carolina on September 27, 2023. The parties are currently coordinating receipt of Plaintiff’s medical and billing records for his surgeryee, and are coordinating mutually agreeable dates for December 2023 to complete Plaintiff’s in-person deposition and DME. Additionally, Plaintiff’s surgery resulted in the continuation of a mutually agreed upon mediation with John Raleigh (“Raleigh”), which was set for October 19, 2023. The mediation has been rescheduled to the earliest mutually agreeable date and availability on Raleigh’s calendar, which is for February 20, 2024.  

This is the third request for a trial continuance. Plaintiff does not oppose the motion. The Court finds good cause to continue the trial date to allow the parties sufficient time to conduct and complete discovery prior, in addition to completing the scheduled mediation prior to the trial date. Accordingly, Defendants’ motion to continue trial is GRANTED.   

The December 18, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The December 4, 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 7th day of November 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court