Judge Serena R. Murillo, Case 18STCV08676 2023-02-17 Tentative Ruling

Judge: Serena R. Murillo, Case: 18STCV08676, Date: 2023-02-17 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)

IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.

ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 18STCV08676 Hearing Date: February 17, 2023 Dept: 29

TENTATIVE

Plaintiff Morteza Kohan’s motion to continue trial is GRANTED. Trial is continued to June 8, 2023. Discovery and motions cutoff dates are to track the new trial date.

Legal Standard

California Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).)

Other relevant considerations may include: “(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 availability 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.” (Id., Rule 3.1332(d).)

Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings. In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates. (Code Civ. Proc. § 2024.050.)

Discussion

Plaintiff moves for a trial continuance to a date after his motions to compel further, which are set for May 4, 2023, as Defendant Coward has failed to provide any meaningful responses to this discovery which was served on September 7, 2022. Although counsel scheduled the earliest available date for an Informal Discovery Conference (IDC), March 30, 2023, it is after the current trial date of March 13, 2023.

Defendants argue that Plaintiff’s counsel substituted its current counsel in March 2022. Plaintiff’s counsel is now seeking to continue trial and discovery simply because plaintiff’s counsel failed to engage in proper discovery efforts sooner. This is a dilatory tactic that has been a pattern in this case. Plaintiff’s counsel is simply not prepared to take this case to trial. Defendants argue there is no good cause to continue trial as Plaintiff has waited until the last minute to play discovery games. Defendants argue that Plaintiff also suggests good cause to continue exists because plaintiff was not able to get a date for an IDC. Plaintiff waited until November to attempt to obtain an IDC date.

The Court finds there is good cause to continue trial as Plaintiff seeks further responses to his discovery requests, which were propounded in September of 2022. It was reasonable for Plaintiff to attempt to schedule an IDC in November as this discovery was propounded only two months before. However, due to the Court’s calendar, Plaintiff was not able to schedule one until March 30, 2023. Defendants have offered no explanation as to how a continuance would prejudice them, aside from a conclusory statement that it would. Rather, Plaintiff would be prejudiced if he were forced into trial without conducting all necessary discovery. However, the Court notes that the five-year mark is fast approaching and thus, the parties must move diligently to ensure the case is taken to trial on this new date. The Court also notes that the IDC is reserved, and cautions Plaintiff to schedule the IDC instead of reserving it, and to file the IDC form at least 15 days before, if not sooner, to be safe. Thus, the motion is granted. Trial is continued to June 8, 2023. Discovery and motions cutoff dates are to track the new trial date.

Conclusion

Accordingly, the motion to continue trial is GRANTED. Trial is continued to June 8, 2023. Discovery and motions cutoff dates are to track the new trial date.

Moving party is ordered to give notice.