Judge: Steven A. Ellis, Case: 23STCV15623, Date: 2025-06-09 Tentative Ruling

Case Number: 23STCV15623    Hearing Date: June 9, 2025    Dept: 29

Alshaye v. Jouayed
23STCV15623
Joint Motion to Continue Trial filed by Plaintiff Ali Alshaye, Defendant Lyft, Inc., and Defendant Khalil Jouayed.

Tentative

The motion is granted.

Background

On July 5, 2023, Ali Alshaye (“Plaintiff”) filed a complaint against Khalil Jouayed (“Jouayed”), Lyft, Inc. (“Lyft”), and Does 1 through 10 for motor vehicle negligence and negligence per se arising out of an accident on September 20, 2021 near Olympic Boulevard and San Vicente Boulevard in Los Angeles.

On September 21, 2023, Lyft filed an answer.

On December 14, 2023, Jouayed filed an answer.

On May 15, 2025, Plaintiff, Jouayed and Lyft filed this joint motion to continue trial. No opposition has been filed.

Trial is set for July 8, 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

The parties jointly request a trial continuance from July 8, 2025 to January 2026.

The parties report that Plaintiff has had a difficult time obtaining his medical records from treatment received in Saudi Arabia; the records have yet to be produced. (Hoffman Decl., ¶¶ 5, 7; Baker Decl. ¶ 7.) The parties also state that they still need to conduct two medical examinations and expert depositions. (Hoffman Decl., ¶ 10; Baker Decl., ¶ 8.)

The Court finds that good cause has been shown. 

Accordingly, the motion is granted.

Conclusion

The Court GRANTS the motion to continue trial.

The Court CONTINUES trial to a date on or after January 22, 2026.

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