Judge: Michelle C. Kim, Case: 22STCV18084, Date: 2023-10-25 Tentative Ruling

Case Number: 22STCV18084    Hearing Date: October 25, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

CRISTIAN OMAR VARGAS, 

Plaintiff(s),  

vs. 

 

NEEL TUSHAR PATEL, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV18084 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

October 25, 2023 

 

I. Background 

On June 2, 2022, Plaintiff Cristian Omar Vargas (“Plaintiff”) filed this action against Defendant Neel Tushar Patel (“Defendant”) for damages arising from a motor vehicle incident. Trial is currently set for November 30, 2023.   

Defendant now moves the Court to continue the trial date and all related dates to May 2, 2024. The motion is unopposed. 

 

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, Defendant asserts that current defense counsel substituted into this case on June 9, 2023, and requires additional time for discovery. Defendant avers defense counsel has been diligent in conducting discovery, such as noticing Plaintiff’s deposition within days of substituting into the matter. Defendant argues that Plaintiff testified he was involved in prior motor vehicle incidents. Defendant avers he needs additional time to investigate and obtain records of Plaintiff’s prior accidents and to evaluate which medical providers to depose. Defendant has noticed the depositions of Plaintiff’s family members, treating providers, and police officer who authored the traffic collision report. This is the first request for a trial continuance, and Plaintiff does not oppose the motion. Therefore, the Court finds good cause to continue the trial date to allow Defendant sufficient time to conduct and complete discovery prior to trial.  

 

Accordingly, Defendant’s motion to continue trial is GRANTED.  The November 30, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The November 16, 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 24th day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court