Judge: Michelle C. Kim, Case: 21STCV03517, Date: 2023-09-06 Tentative Ruling

Case Number: 21STCV03517    Hearing Date: September 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

DIANA CASTILLO, 

Plaintiff(s),  

vs. 

 

MARIO VELASQUEZ, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV03517 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

September 6, 2023 

 

I. Background 

On January 28, 2021, Plaintiff Diana Castillo (“Plaintiff”) filed this action against Defendants Mario Velasquez and CDS Cabinets, Inc. for damages arising from a motor vehicle incident. Trial is currently set for November 15, 2023.   

Defendant Mario Velasquez (“Velasquez”) now moves the Court to continue the trial date and all related dates to November 27, 2024. 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, Defendant Velasquez asserts he filed discovery motions; however, June 5, 2024 was the earliest hearing date available. Furthermore, Defendant Velasquez contends he needs additional time to complete discovery and to receive Plaintiff’s responses to outstanding discovery. Defendant Velasquez avers he has been diligent in pursuing discovery since he filed an Answer to Plaintiff’s complaint on February 7, 2023. Discovery was propounded in March 2023, and after receiving no responses, Defendant filed his motions to compel on June 16, 2023. Defendant Velasquez avers this discovery is necessary to adequately prepare for trial. This is the first request for a trial continuance, and no parties oppose the motion. Therefore, the Court finds good cause to continue the trial date to allow Defendant Velasquez sufficient time to conduct and complete discovery, and for his motions to compel to be heard prior to trial.  

 

Accordingly, Defendant Velasquez’s motion to continue trial is GRANTED.  The November 15, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The November 1, 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.   

 

Moving 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 5th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court