Judge: Michelle C. Kim, Case: 21STCV26279, Date: 2023-04-21 Tentative Ruling

Case Number: 21STCV26279    Hearing Date: April 21, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ireland Tinoco (“Plaintiff”) filed this action against Defendant Iris Singh Kaleka (“Defendant”) for damages arising from a motor vehicle accident.  Trial is currently set for June 22, 2023. 

Defendant now moves to continue the current trial date for at least six months.  Defendant provides the parties are in agreement of the requested trial continuance.  No opposition has been filed. 

Defendant filed and electronically served the instant motion on March 30, 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 March 24, 2023.  Consequently, Defendant did not timely file and serve the motion.

Defendant’s 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 Defendant indicates that all parties stipulate to a trial continuance, if all parties appear on April 21, 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, Defendant avers a continuance is necessary because Plaintiff disclosed for the first time at Plaintiff’s deposition on February 2, 2023, that Plaintiff treated with medical providers not previously disclosed by Plaintiff.  Defendant states that it has subpoenaed records from the relevant medical providers, but records remain outstanding from nine providers.  Defendant provides that there has been only one prior trial continuance in this action, and that Plaintiff is in agreement with the instant continuance request.  Defendant argues that the relevant medical records are necessary to complete Plaintiff’s deposition and prepare for trial.  The motion is unopposed, and Defendant establishes good cause for the continuance. 

Defendant’s motion to continue trial is granted.  The June 22, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The June 8, 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 21^st day of April 2023