SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

On October 1, 2021, Plaintiff Rochelle Savory (“Plaintiff”) filed this action against defendants Showbiz Restrooms, LLC (“Showbiz”) and Does 1 to 50 for damages arising from a fall on defendants’ property. Showbiz filed a cross-complaint against June Again, Inc. d/b/a Looking Glass Films (“June Again, Inc.”) and Plaintiff filed an amendment to complaint naming June Again, Inc. as Doe 1.  

Trial is currently set for October 23, 2023.   

Showbiz now moves the Court to continue the trial date and all related dates to February 26, 2024, or a date thereafter. June Again, Inc. joins Showbiz’s motion.  

Any opposition was due on or before September 8, 2023; 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, Showbiz asserts that with a recent addition of June Again, Inc., recent information regarding Plaintiff’s out-of-state treating providers, and continued delays in obtaining records because Plaintiff lives out of state and underwent treatment out of state, Showbiz requires more time to complete discovery prior to trial. Showbiz filed its Answer to Plaintiff’s Complaint on November 19, 2021 and filed a cross-complaint against June Again, Inc. on the same day. June Again, Inc. filed an Answer to Showbiz’s cross-complaint on July 26, 2022, and an Answer to Plaintiff’s Complaint on December 20, 2022. Showbiz avers that the case was not at issue until December 20, 2022, and all parties had stipulated to continue trial to October 23, 2023. Showbiz avers Plaintiff resides in Arizona, and Plaintiff has obtained medical treatment arising from the incident primarily in Arizona. Plaintiff’s counsel provided some, but not all, of Plaintiff’s medical records on May 2, 2023. At Plaintiff’s deposition on June 27, 2023, Plaintiff referenced 2-3 additional out-of-state treating providers, and claims loss of earnings for projects outside of California, including filming locations in Montana. The subpoena to Plaintiff’s identified accountant regarding Plaintiff’s 1099s and W-2s in support of her loss of earnings claims is still pending, and Showbiz avers that there may be a need for additional subpoenas and out-of-state commissions. Showbiz contends additional investigation is needed prior to obtaining out-of-state commissions for records, and that depositions of Plaintiff’s Arizona treating providers will need to be taken, in addition to Plaintiff’s medical examination. June Again, Inc. joins Showbiz’s motion, contending that the request for a sixth month trial continuance will allow the parties to complete discovery. This is the second request for a trial continuance, and Plaintiff does not oppose the motion.  

Based on the foregoing, the Court finds good cause to continue the trial date to allow the parties sufficient time to conduct and complete necessary discovery prior to trial.  

Accordingly, Showbiz’s motion to continue trial is GRANTED.  The October 23, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 9, 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.