Judge: Michelle C. Kim, Case: 22STCV25151, Date: 2024-06-03 Tentative Ruling

Case Number: 22STCV25151    Hearing Date: June 3, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JUAN VAZQUEZ, 

Plaintiff(s),  

vs. 

 

DAVID POSNER, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV25151 

 

[TENTATIVE] ORDER (1) DENYING MOTION TO ADVANCE MOTIONS TO COMPEL FURTHER and (2) GRANTING TRIAL CONTINUANCE 

 

Dept. 31 

1:30 p.m.  

June 3, 2024 

 

I. BACKGROUND 

On August 4, 2022, plaintiff Juan Vazquez (“Plaintiff”) filed this action against defendants David Posner, et al. for injuries arising from a slip and fall within an apartment building.  Trial is currently set for August 5, 2024.  

Defendants Seltzer – Doren Management Company, Inc. dba Sierra Management and Valley Village South Apartments, LTD (collectively, “Defendants”) request an order advancing the hearing dates on their motions to compel Plaintiff to provide further responses to written discovery, and request trial be continued by at least six months to February 5, 2025.  

As of May 20, 2024, no opposition has been filed.  

 

II. SPECIALLY SET HEARING & TRIAL CONTINUANCE 

As to Defendants’ request to specially set the hearing date for their motions to compel further, per the Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse provides, the Personal Injury courts do not have the capacity to add hearings to their fully booked motion calendars. Further, there is no basis to advance the motions, considering an Informal Discovery Conference (IDC) has yet to take place. The IDC may potentially resolve the issues presented in Defendants’ motions to compel further, such that they may no longer be necessitated. The motion to advance the hearing dates is therefore DENIED.  

As to the request to continue trial, Defendants argue a continuance is necessary in order to obtain necessary discovery prior to the discovery cut-off date. Aside from Defendants seeking further responses to their written discovery, Defendants aver they still need to depose Plaintiff, Plaintiff’s treating physicians, percipient witnesses, and arrange for Plaintiff’s independent medical examination. Plaintiff does not oppose the motion. The Court finds good cause to continue the trial date. Accordingly, Defendants’ unopposed motion to continue trial is GRANTED.  

The August 5, 2024 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The July 22, 2024 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. The parties must plan all discovery and trial preparation accordingly.   

 

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¿¿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 31st day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court