Judge: Michelle C. Kim, Case: 22STCV30417, Date: 2023-09-06 Tentative Ruling

Case Number: 22STCV30417    Hearing Date: September 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ANGEL RONQUILLO, 

Plaintiff(s),  

vs. 

 

CITY OF NORWALK, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV30417 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE  

 

Dept. 31 

1:30 p.m.  

September 6, 2023 

 

I. Background 

On September 15, 2022, Plaintiff Angel Ronquillo (“Plaintiff”) filed this action against Defendants City of Norwalk and RJ Noble Co. for damages arising from an alleged dangerous condition of public property. Trial is currently set for March 14, 2024.   

Defendant RJ Noble Co. (“RJ Noble”) now moves the Court to continue the trial date and all related dates by six months to September 10, 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, RJ Noble asserts it filed an Answer to the complaint on October 26, 2022, and propounded discovery on Plaintiff on October 31, 2022. Plaintiff served unverified responses to RJ Noble’s initial discovery on January 17, 2023, and after meeting and conferring with Plaintiff, Plaintiff did not provide verifications. Consequently, RJ Noble filed motions to compel, currently set to be heard on February 15, 2024. RJ Noble expects discovery delays and possibly more motions to be filed with the Court based upon the responses received, and requests more time between when its motions to compel are set to be heard and the trial date to conduct further discovery. RJ Noble contends that it cannot take Plaintiff’s deposition or notice Plaintiff’s medical examination until it receives all documentation and subpoenaed records. Therefore, RJ Noble requests a six-month continuance to provide sufficient time to conduct and complete discovery, in addition to possible mediation.  

 This is the first request for a trial continuance, and no opposition was filed. Therefore, the Court finds good cause to continue the trial date to allow RJ Noble sufficient time to conduct and complete discovery, and for its motions to compel or other potential motions to be heard prior to trial.  

Accordingly, RJ Noble’s motion to continue trial is GRANTED.  The March 14, 2024 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The February 29, 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.   

 

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 5th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court