Judge: Michelle C. Kim, Case: 21STCV29759, Date: 2024-04-16 Tentative Ruling

Case Number: 21STCV29759    Hearing Date: April 16, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

REYES VALADEZ, 

Plaintiff(s),  

vs. 

 

CITY OF NORWALK, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV29759 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

April 16, 2024 

 

I. BACKGROUND 

On August 12, 2021, plaintiff Reyes Valadez (“Plaintiff”) filed this action against defendants City of Norwalk, County of Los Angeles, California Department of Transportation, Southern California Edison Company (“SCE”), and Frontier Communications Corporation for injuries arising from a fall, wherein Plaintiff was riding his bicycle when he was struck by exposed and/or unmarked cables. Trial is currently set for July 1, 2024.  

Plaintiff has dismissed SCE, County of Los Angeles, and City of Norwalk from the complaint in 2022. On June 22, 2023, The People of the State of California, acting by and through the Department of Transportation, filed a cross-complaint against SCE. On February 7, 2024, SCE filed its Answer to the cross-complaint. 

SCE now moves to continue the trial date, and all related dates, to a date on or after January 1, 2025 in order for it to have sufficient time to conduct discovery. As of April 3, 2024, the motion is unopposed.  

 

II. MOTION TO CONTINUE TRIAL 

  1. 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).) 

 

  1. Discussion & Conclusion 

SCE argues there is good cause for a continuance because of its recent appearance in the action. SCE did not file a response to Plaintiff’s complaint prior to Plaintiff dismissing it from the action, and only initially appeared in this action on February 7, 2024. SCE avers that it has not yet had the opportunity to participate in discovery, such as issuing written discovery, deposing parties, and retaining experts.  

Based on the foregoing, the Court finds good cause to continue the trial date to allow the parties sufficient time to complete discovery. Accordingly, SCE’s unopposed motion to continue trial is GRANTED.   

The July 1, 2024 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse. The June 17, 2024 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. The parties must plan all discovery and trial preparation accordingly.   

 

Moving party 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 15th day of April 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court