Judge: Michelle C. Kim, Case: 21STCV46434, Date: 2023-12-04 Tentative Ruling

Case Number: 21STCV46434    Hearing Date: December 4, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ESTHER REYES, ET AL., 

Plaintiff(s),  

vs. 

 

H1 FLOOR COVERING, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV46434 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

December 4, 2023 

 

I. Background 

On December 20, 2021, Plaintiffs Esther Reyes and Joanna Reyes (“Plaintiffs”) filed this action against Defendants H1 Floor Covering and Darian Frank Perez for damages arising from a motor vehicle collision. Trial is currently set for December 19, 2023.   

On November 11, 2023, Defendant H1 Floor Covering (“H1 Floor”) filed the instant motion requesting the Court to continue the trial date and all related dates to May 27, 2024 or a date thereafter. The motion is unopposed, and H1 Floor provides that Plaintiffs stipulated to the continuance.  

 

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, H1 Floor avers a continuance is necessary because the parties need more time to complete discovery. H1 Floor contends it has been unable to secure the deposition and defense medical examinations of both Plaintiffs. Additionally, H1 Floor provides that the parties have discussed mediation, and agreed to forestall selection of a mediator and mediation date until discovery is complete. Lastly, H1 Floor avers its lead defense trial counsel Sheryl Lee Reeves is unavailable, because she is scheduled for arbitration from December 18, 2023 to December 19, 2023, which conflicts with the current trial date.  

This is the third request for a trial continuance, and no parties 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 discovery prior to the trial date. Accordingly, H1 Floor’s motion to continue trial is GRANTED.   

The December 19, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The December 5, 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 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 1st day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court