Judge: Michelle C. Kim, Case: 22STCV15350, Date: 2023-09-08 Tentative Ruling

Case Number: 22STCV15350    Hearing Date: September 8, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ROBERT RIVAS, ET AL., 

Plaintiff(s),  

vs. 

 

A&A WESTCOAST DISTRIBUTION INC., ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV07229 (R/T 22STCV15350) 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

September 8, 2023 

 

I. Background 

On May 9, 2022, Plaintiffs Robert Rivas and Roberto Rivas Jr. (“Plaintiffs”) filed this action against Defendants A&A Westcoast Distribution, Inc. and Hapet Yegiazarian for damages arising from a motor vehicle incident. On June 13, 2023, Case No. 22STCV07229 (lead case) and Case No. 22STCV15350 were deemed related and are pending in this department. (Min. Order, June 14, 2023.) As relevant to this motion, the trial date for Case No. 22STCV15350 is currently set for November 6, 2023.  

 

Defendant A&A Westcoast Distribution, Inc. (“A&A”) now moves the Court to continue the trial date and all related dates to June 12, 2024. 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, A&A asserts it filed a motion to consolidate this action with related Case No. 22STCV07229, currently set to be heard on April 5, 2024 in related Case No. 22STCV07229. A&A avers this was the earliest hearing date available, but is after the current trial date. Furthermore, A&A provides that responses to written discovery had been exchanged between A&A and Plaintiffs in or around September 2022, and that Plaintiffs’ depositions were scheduled for mid-July 2023. The parties had not yet conducted expert discovery, and Defendant Hapet Yegiazarian has not yet appeared in this action. A&A avers that a continuance is necessary so that this matter may be consolidated to avoid duplicative discovery. Furthermore, A&A argues that this case is not yet old and there have been no prior requests for a trial continuance. No parties oppose the motion. Based on the foregoing, the Court finds good cause to continue the trial date to allow the motion to consolidate to be heard, and to provide the parties sufficient time to conduct and complete discovery prior to trial.  

Accordingly, the motion to continue trial is GRANTED.  The November 6, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The October 23, 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 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 7th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court