Judge: Serena R. Murillo, Case: 20STCV36456, Date: 2022-09-20 Tentative Ruling
Case Number: 20STCV36456 Hearing Date: September 20, 2022 Dept: 29
Sang-Ho Park v. MP 3600,
LLP
Tuesday, September 20, 2022
TENTATIVE
The motion to
continue trial is GRANTED. Trial is continued to June 5, 2023.
Legal Standard
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).)
Discussion
Defendant moves to continue trial and
related deadlines to June 5, 2023, arguing that Plaintiff has continued to
receive ongoing medical treatment and care since the incident, including
multiple surgeries. Plaintiff has sufficiently recovered from his most recent
procedure that he can now proceed with two separate medical examinations which
are scheduled for September 27, 2022. The parties also have a mediation
scheduled on January 25, 2023 with Janet Rubin Fields, Esq. at Judicate West.
In order to provide sufficient time to complete discovery and mediate this
matter, the Parties have stipulated to continuing the trial. There has only
been one previous continuance of trial in this matter.
The Court finds
there is good cause for a trial continuance as Plaintiff has been treating for
his injuries and the parties seek to participate in mediation. Further, the
parties stipulate to a continuance and no party has opposed this motion.
Moreover, there has only been one trial continuance. Thus, the motion is
granted. Trial is continued to June 5, 2023.
Conclusion
Accordingly, the
motion to continue trial is GRANTED. Trial is continued to June 5, 2023.
Moving party is ordered to give notice.