Judge: Michelle C. Kim, Case: 22STCV02944, Date: 2023-05-19 Tentative Ruling

Case Number: 22STCV02944    Hearing Date: May 19, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1.     Background

On June 24, 2022, Plaintiff Maria Sanchez (“Plaintiff”) filed the operative First Amended Complaint against Defendants Target Corporation (“Defendant”) and Edgar Villasenor (“Villasenor”), asserting one cause of action for negligence arising out of a slip and fall accident on July 21, 2020.  On May 10, 2023, Plaintiff dismissed Villasenor.  Trial is currently set for July 25, 2023.  

Defendant, at this time, moves to continue the current trial to a date after the hearing on Defendant’s motion for summary judgment on March 12, 2024.  The motion is unopposed.  

2.     Discussion

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 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 asserts there is good cause to continue the trial date for the following reasons.  First, the parties signed a joint stipulation to continue the hearing date.  (Motion, p. 2:21-24; Declaration of Denish M. Mandalia, filed on April 26, 2023 (“Mandalia Decl.”), Exhibit 4.)  Second, Defendant has filed a motion for summary judgment scheduled to be heard on March 12, 2024, after the current trial date scheduled for July 25, 2023.  (Mandalia Decl., ¶ 7.)  Third, the parties are resolving a dispute regarding the adequacy of Plaintiff’s discovery responses.  (Mandalia Decl., ¶ 6.)  Defendant has filed a motion to compel further responses concerning that discovery, and the motion was initially scheduled to be heard on April 10, 2023, but has been continued to August 21, 2023, after the current trial date.  (Mandalia Decl., ¶ 6.)  The parties are meeting and conferring regarding the date and necessity for the Informal Discovery Conference based on Plaintiff’s representations that further responses are forthcoming.  (Mandalia Decl., ¶ 6.)  Fourth, Plaintiff filed an untimely FAC on June 24, 2022, without leave of the Court, and then belatedly served the pleading on Defendant on April 24, 2023.  (Mandalia Decl., ¶ 5.)  Based on the FAC, Defendant is preparing its answer and cross-complaint against appropriate parties based on its position that this incident arose from fraud.  (Motion, p. 2:2-6.)  Sixth, this is the first request for a continuance in this matter.  (Notice of Motion, p. 2:19.)

The Court notes that the joint stipulation between the parties is not authenticated.  It appears that defense counsel intended to attest to the stipulation through “Paragraph 8” of his declaration, but failed to insert that paragraph.  (See Motion, p. 2:23-24 [citing Mandalia Decl., ¶ 8, which was to introduce the joint stipulation (Exhibit 4), but that paragraph is missing from counsel’s declaration].)

Nevertheless, the Court finds good cause to grant the continuance in light of the other facts presented in defense counsel’s declaration (e.g., this is the first trial continuance). 

Accordingly, Defendant’s motion to continue trial is granted.  The July 25, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The July 11, 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.orgwith 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 19^th day of May, 2023