Judge: Steven A. Ellis, Case: 20STCV02532, Date: 2023-09-05 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: 20STCV02532 Hearing Date: September 5, 2023 Dept: 29
TENTATIVE
Defendants’ motion to continue trial and all trial-related dates is GRANTED. Trial is continued to mid February 2024.
Legal Standard
Per California Rules of Court (CRC), rule 3.1332, subdivision (c): the court may grant a continuance for “good cause,” which includes: (1) unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) unavailability of a party due to death, illness, or other excusable circumstances; (3) unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) substitution of trial counsel required in the interests of justice; (5) addition of a new party or other parties in regard to a new party’s involvement hasn’t had a reasonable opportunity to conduct discovery and prepare for trial; (6) party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) significant, unanticipated change in the status of the case as a result of which indicates the case is not ready for trial. (CRC Rule 3.1332(c).)
Other relevant factors to be considered 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” (CRC Rule 3.1332(d).)
“A trial court has great discretion in the disposition of an application for a continuance. Absent a clear abuse of discretion, the court’s determination will not be disturbed.” (Estate of Smith v. Atkinson (1973) 9 Cal.3d 74, 81.) “Such discretion is abused, however, where the lack of a continuance results in the denial of a fair hearing.” (Rankin v. Curtis (1986) 183 Cal.App.3d 939, 947.)
Discussion
Here, Defendants move to continue trial to February 14, 2024, and requests that all trial-related dates be based on the new trial date. Defendants state that both parties have been working on mediation and settlement discussions. (Declaration of Joseph H. Real, Esq. at ¶ 3.) Defendants state that both parties are willing to appear for a second mediation session with Floyd Siegel but Mr. Siegal isn’t available until October 31, 2023. (Id.) Defendants state that they need time to obtain Plaintiff’s additional medical providers information and records recently disclosed. (Id. at ¶ 4.) Defendants also state that Plaintiff’s counsel has yet to provide the additional providers information and records to the defense. (Id.) Defendants state further that Plaintiff’s counsel agreed to the continuance. (Id. at ¶ 5.)
Furthermore, Defendants state that the request for continuance only pushes the trial out by 120 days and would give all parties time to complete necessary discovery, adequately prepare for trial, and continue settlement discussions. (Id. at ¶ 6.)
The Court finds that good cause exists for a continuance. Defendants has provided sufficient evidence that (1) they would not have had a reasonable opportunity to conduct discovery and prepare for trial as to the additional medical providers the Plaintiff received treatment from that was recently disclosed; (2) they have been unable to obtain the additional medical providers information and records from Plaintiff as requested; (3) the length of the continuance requested is only for 120 days; (4) the parties have stipulated to the continuance; and (5) the interest of justice is best served by the continuance to allow the parties an additional opportunity to settle the action. (CRC Rule 3.1332(c)(5)-(6); see also CRC Rule 3.1332(d)(1), (4)-(5), (9)-(11).)
Conclusion
Accordingly, Defendants’ motion to continue the trial and all related trial dates is GRANTED.
Trial is continued to mid February 2024. Final Status Conference and all deadlines are reset based on the new trial date.
Street Courthouse. Non-Jury Trial is continued to 02/08/2024 at 08:30 AM in Department 29 at
Spring Street Courthouse.
Moving party is ordered to give notice.