Judge: Robert B. Broadbelt, Case: 19STCV34981, Date: 2023-10-18 Tentative Ruling

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Case Number: 19STCV34981    Hearing Date: October 18, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Wange Lu and Wei Dang

RESPONDING PARTY:       Plaintiff The San Gabriel Valley Council of Governments, in Furtherance of the Alameda Corridor-East Construction Project

Motion to Continue Trial and Related Dates

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Defendant Wange Lu and Wei Dang (“Defendants”) move the court for an order continuing trial and related deadlines in this action to a date after plaintiff The San Gabriel Valley Council of Governments, in Furtherance of the Alameda Corridor-East Construction Project (“Plaintiff”) begins construction on the project that is the subject of this action.

The court finds that Defendants have not met their burden to show good cause to continue trial in this action.  (Cal. Rules of Ct., rule 3.1332, subd. (c) [“The court may grant a continuance [of trial] only on an affirmative showing of good cause requiring the continuance”].)  Although Defendants request that the court continue trial “to a date after Project construction activity . . . has commenced and progressed[,]” the court has not been presented with evidence establishing the exact date on which (1) construction will begin, and (2) Defendants will obtain the evidence that they desire.  (Mot., p. 7:1-5; Herrington Decl., ¶  7 [the project’s “anticipated start date” is “early 2024”] [emphasis added].)  Further, the court notes that this case will be five years old on October 1, 2024.  (Code Civ. Proc., § 583.310.)

The court therefore denies Defendants’ motion.  (Cal. Rules of Ct., rule 3.1332, subd. (c).)

ORDER

The court denies defendants Wange Lu and Wei Dang’s motion to continue trial and related dates.

The court orders plaintiff The San Gabriel Valley Council of Governments, in Furtherance of the Alameda Corridor-East Construction Project to give notice of this ruling.

IT IS SO ORDERED.

DATED:  October 18, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court