Judge: Steven A. Ellis, Case: 21STCV43455, Date: 2024-12-31 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: 21STCV43455    Hearing Date: December 31, 2024    Dept: 29

Carmona v. Villasenor
21STCV43455
Defendants’ Motion to Continue Trial

Tentative

The motion is granted.

Background

On November 24, 2021, Juan Carmona, Hilda Chamul, and Ruth Chamul filed a complaint against Moises Villasenor, Javier Villasenor, and Estella Villasenor as trustee of the Villasenor Family Trust, and Does 1 through 50 for general negligence, intentional tort, and premises liability arising out of an apartment fire on November 27, 2019, in a building on East 50th Street in Los Angeles.

On February 2, 2023, Juan Carmona, Hilda Chamul, Ruth Chamul, Yessica Hernandez, a minor, Aracely Carmona, a minor, and Alexander Carmona, a minor (collectively “Plaintiffs”) filed the First Amended Complaint (“FAC”) against Moises Villasenor, Javier Villasenor, and Estella Villasenor as trustee of the Villasenor Family Trust, asserting the same causes of action.

On November 29, 2023, Estela Villasenor, trustee of the Villasenor Family Trust, filed an answer.

On May 16, 2024, Plaintiffs filed a request to dismiss Javier Villasenor.

On October 8, 2024, Plaintiffs filed a request to dismiss their cause of action for intentional tort.

On December 11, 2024, Moises Villasenor filed an answer.

On November 22, 2024, Defendants Moises Villasenor and Estella Villasenor as trustee of the Villasenor Family Trust (collectively “Defendants”) filed this motion to continue trial. No opposition has been filed.

Trial is currently set for February 20, 2025.

Legal Standard

Code of Civil Procedure section 128, subdivision (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.) 

“To ensure the prompt disposition of civil cases, the dates assigned for trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  (Cal. Rules of Court, rule 3.1332(a).)

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.”  (Cal. Rules of Court, rule 3.1332(c).)  “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  (Ibid.)  Circumstances that may support a finding of good cause include: 

“(1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; 

(2) The unavailability of a party because of death, illness, or other excusable circumstances; 

(3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; 

(4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; 

(5) The addition of a new party if: (A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or (B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case; 

(6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or 

(7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” 

(Cal. Rules of Court, rule 3.1332(c).) 

“In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination.”  (Cal. Rules of Court, rule 3.1332(d).)  California Rules of Court, rule 3.1332(d) sets forth a non-exhaustive list of factors that the court may consider: 

“(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.” 

(Cal. Rules of Court, rule 3.1332(d).)

Discussion

Defendants bring this motion to continue trial.  According to Defendants’ counsel, the parties have already completed a significant amount of discovery, including (but not limited to) the subpoenas of Plaintiffs’ medical records, a site inspection, and the depositions of all parties.  (Whirl Decl., ¶¶ 3-6.) 

Defendants seek a trial continuance on two grounds.

First, Defendants contend that there is no evidence in support of Plaintiffs’ allegations and seek a trial continuance so that they may file a summary judgment motion.  (Id., ¶¶ 7, 9.)  Second, Defendants contend that they learned of the “necessity” for independent medical examinations of Plaintiffs in August but they were scheduled (as of the time the motion was filed) for late December.  (Id., ¶ 10.)

The Court also notes that the pleadings were not settled, and the case was not at issued, until December 11, 2024.

On these facts, the Court finds good cause to continue the trial date for approximately 90 days.

The Court will look with disfavor on any further request to continue trial.

Conclusion.

The Court GRANTS the motion of Defendants to continue trial.

The Court CONTINUES the trial date to a date on or after May 23, 2025.

The Final Status Conference and all discovery deadlines are reset based on the new trial date.

Moving party is to give notice.