Judge: Michelle C. Kim, Case: 21STCV06512, Date: 2023-03-22 Tentative Ruling

Case Number: 21STCV06512    Hearing Date: March 22, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Thomas Roney (“Plaintiff”) filed this action against defendants City of Los Angeles (the “City”) and CHK Lincoln Property LLC (“CHK”) for injuries Plaintiff sustained when he was riding his skateboard on a sidewalk at/near defendants’ property when he hit an uneven area of the sidewalk that caused Plaintiff to fall.  Trial is currently set for April 10, 2023. 

Defendant CHK now moves to continue the current trial date to September 2023, or to a date thereafter.  No opposition to the motion has been filed.

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, CHK provides that City has not yet filed an answer, nor has a default been obtained against it.  Further, CHK asserts that after Plaintiff delayed in serving responses to CHK’s discovery requests, CHK requires additional time to complete discovery and prepare for trial.  CHK avers that Plaintiff’s medical records are still being obtained via subpoena, and that Plaintiff’s deposition and expert discovery have not been completed.  CHK contends it has been diligent in obtaining discovery, but Plaintiff’s delays have made it difficult.  The motion is unopposed, and CHK asserts that the parties have stipulated to continue the trial date.  (Mot. Exh. 1.)  Moreover, there has only been one prior trial continuance in this matter.  CHK, thus, establishes good cause for the continuance.  However, given the age of this case, the Court will not be inclined to grant any further continuances absent a strong showing of good cause.  The parties should plan all motion and discovery practice accordingly.   

Defendant’s motion to continue trial is granted.  The April 10, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The March 27, 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. 

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 22^nd day of March 2023