Judge Olivia Rosales, Case Number: 18NWCV00201, Date: 2023-08-18 Tentative Ruling

Judge: Olivia Rosales, Case: 18NWCV00201, Date: 2023-08-18 Tentative Ruling

Case Number: 18NWCV00201 Hearing Date: September 25, 2023 Dept: F

LOS ANGELES UNIFIED SCHOOL DISTRICT v. HANES GEO COMPONENTS, et al.

CASE NO.: 18NWCV00201

HEARING: 09/25/23

TENTATIVE RULING

Defendant Hanes Geo Components’ unopposed motion to continue trial and all trial-related dates is GRANTED. All pre-trial cut-off dates will correspond with the new trial date.

Moving Party to give NOTICE.

No Opposition(s) filed as of September 21, 2023.

This matter was initially heard on August 18, 2023, and continued to this date. No additional/supplemental briefs were ordered to be filed, and none have been filed or lodged with the Court since the August 18, 2023 hearing.

This action was filed on December 28, 2018. The Complaint alleges that Defendant Hanes Geo Components was negligent in the failure of an underground storm water detention system as part of a project to construct a new high school in Huntington Park, California.

Defendant Hanes Geo Components moves to continue trial pursuant to CRC Rule 3.1332 for the following reasons:

1. The current trial date of October 13, 2023 and related dates do not leave sufficient time for the parties to take relevant and material depositions notwithstanding the parties’ diligence;

2. Three new parties have been added to this action. Plaintiff LAUSD’s Motion for Leave to File a Third Amended Complaint was GRANTED on August 29, 2023.

3. Two additional parties were added as Cross-Defendants. Hanes Geo Components’ Motion for Leave to File a First Amended Cross-Complaint was GRANTED on August 29, 2023.

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include… …. (5) The addition of a new party if: (A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or (B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party’s involvement in the case. (6) A party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” (CRC Rule 3.1332(c).)

The Court, in making its determination to continue the trial should consider the following factors: (1) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party (3) The length of the continuance requested; (4) The unavailability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) The prejudice that parties or witnesses will suffer as a result of the continuance; (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) The court’s calendar and the impact of granting a continuance on other pending trials; (8) Whether trial counsel is engaged in another trial; (9) Whether all parties have stipulated to a continuance; (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) Any other fact or circumstance relevant to the fair determination of the motion or application.” (CRC Rule 3.1332(d).)

Defendant is seeking a continuance to conduct necessary discovery. (Mijanovic Decl., ¶¶ 1-3.) Moreover, after this Motion was initially heard, new parties were named in this action and new pleadings filed. As indicated above, there is no opposition to the motion.

Accordingly, the Motion is GRANTED. The Court finds that a trial continuance to late-February 2024 (depending on the Court and parties’ availabilities) is reasonable due to the outstanding discovery, the addition of newly add-parties, and the filing of a Third Amended Complaint and a First Amended Cross-Complaint. All pre-trial deadlines will correspond with the new trial date. Court will confer with the parties at the hearing in order to select the new FSC and trial dates.