Judge Steven A. Ellis, Case Number: 20STCV07010, Date: 2023-12-04 Tentative Ruling

Judge: Steven A. Ellis, Case: 20STCV07010, Date: 2023-12-04 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: 20STCV07010 Hearing Date: December 4, 2023 Dept: 29

TENTATIVE

The motion to continue trial is GRANTED.

Background

This arises from an auto accident that occurred on December 16, 2018, between Plaintiff Asher Kashanchi (“Plaintiff”) and Defendant Kristopher Barnachea. Plaintiff filed this action on February 21, 2020, asserting a cause of action for negligence against Defendant.

Plaintiff amended his complaint on April 13, 2020, to add Defendant Christine Rehfeldt.

Defendants filed this Motion to Continue Trial on October 19, 2023. This motion was original set to be heard on November 17, 2023, but was continued to December 4, 2023. Plaintiff has not filed an opposition to this motion.

FSC is scheduled for January 11, 2024; Trial is set for January 25, 2024.

Legal Standard

Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color-Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide latitude in the matter of calendar control including the granting or denying of continuances.” (Park Motors, Inc. v. Cozens (1975) 49 Cal.App.3d 12, 18.)

Each request for a continuance must be considered on its own merits according to California Rules of Court, Rule 3.1332(c). The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (Cal. Rules of Court, Rule 3.1332(c).) California Rules of Court, Rule 3.1332 sets forth a list of non-exhaustive factors to be analyzed when determining whether good cause for a trial continuance is present. A court considers factors such as: (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 prejudice that parties or witnesses will suffer as a result of the continuance; and (4) any other fact or circumstance relevant to the fair determination of the motion or application. (Cal. Rules of Court, Rule 3.1332(d).)

Discussion

Defendants contend good cause exists to continue the trial date as the assigned trial attorney, Yvonne Birch, had a replacement hip surgery scheduled for October 31, 2023, and will not be available to return to work until January 2024 at the earliest. (Declaration of Yvonne Birch, ¶ 3-6.) Further, the other attorneys at Ms. Birch’s firm are not prepared to bring the case on her behalf, as she has been the sole attorney working on this case. (Declaration of Yvonne Birch, ¶ 8.) Defendants request a continuance to May 20, 2024. (Declaration of Yvonne Birch, ¶ 10.)

The Court finds that Defendants have established good cause for continuing trial as Defendants counsel is medically unavailable for trial. Further, Plaintiff’s counsel has not opposed this motion; the Court recognizes the continuance will thus not prejudice Plaintiff.

Therefore, the Court will GRANT the motion.

Conclusion

The Court GRANTS the motion to continue trial. Trial is continued to late May 2024. The Final Status Conference and all deadlines are reset based on the new trial date.

Moving Party is ORDERED to give notice.