Judge: Stephen I. Goorvitch, Case: 21STCV29498, Date: 2023-03-27 Tentative Ruling

Case Number: 21STCV29498    Hearing Date: March 27, 2023    Dept: 39

Brigitte Bako v. City of Los Angeles, et al.

Case No. 21STCV29498

Ex Parte Application to Continue Trial and all Related Dates

            Defendant Joyce Anne Forest (“Forest”) seeks to continue the trial date, and all related dates, which the City of Los Angeles (the “City”) does not oppose.  Plaintiff opposes the ex parte application.  The Court, having reviewed the ex parte application and opposition, grants Forest’s ex parte application for several reasons.  First, Forest has a right to have her motion for determination of good faith settlement decided sufficiently in advance of trial, especially given the relatively low limit of her insurance policy, to avoid unnecessary trial preparation.  Second, Forest’s counsel has a prepaid vacation.  The Court set the current trial date before Forest was named as a defendant and cross-defendant, so Forest’s counsel is entitled to a trial continuance on this basis.  Third, the Court likely will be unavailable for trial on the current trial date.  The Court has 22 jury trials and six bench trials set between April 11 and May 23, 2023, and it is unlikely that all of these cases will settle.  Therefore, the Court must continue some of these trials, and there is good cause to continue the instant case.

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants Defendant’s ex parte application to continue the trial date and all related dates. 

2.         The Court advances and vacates the final status conference and trial dates and sets the following dates:

            Final Status Conference:         October 27, 2023, at 9:30 a.m.

            Trial:                                        November 7, 2023, at 9:30 a.m.

The discovery and motions cut-off shall be based on the new trial date.

            3.         Should the City wish to file a motion for summary judgment, the Court shall hear the motion on August 28, 2023, at 8:30 a.m.  The Court reserves that hearing date for the City and orders the City to file and serve the motion sufficiently in advance of that date to afford statutory notice.  If the City fails to do so, the City may not have an opportunity to have a motion for summary judgment heard in advance of trial.

            4.         Forest’s counsel shall provide notice and file proof of such with the Court.