Judge: Teresa A. Beaudet, Case: 23STCV11592, Date: 2024-10-31 Tentative Ruling

Case Number: 23STCV11592    Hearing Date: October 31, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff Kendra Ware filed this action on May 23, 2023 against Defendant Michael Walker (“Defendant”). The Complaint alleges eleven causes of action.

The trial date in this action is currently set for December 4, 2024.

 Defendant now moves for an order to continue trial and all trial related dates. The motion is unopposed.

            Discussion

“The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (Cal. Rules of Court, rule 3.1332, subd. (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, subd. (d).)

In the motion, Defendant asserts that “good cause exists to grant the requested continuance of six (6) months from the current trial date of December 4, 2024.” (Mot. at p. 5:25-26.) In his declaration in support of the motion, Defendant’s counsel states, inter alia, that “Koletsky, Mancini, Feldman, and Morrow, LLP (‘KMFM’) substituted in this case as of September of 2024 to represent Defendant. A trial continuance will allow KMFM to meaningfully litigate this action, and if necessary to prepare for trial.” (Lamond Decl., ¶ 3.) Defendant notes that pursuant to California Rules of Court, rule 3.1332, circumstances relevant to the Court’s determination of a motion for a trial continuance include, inter alia, “[w]hether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance.” (Cal. Rules of Court, rule 3.1332, subd. (d)(10).)  

Another circumstance relevant to the Court’s determination is “[w]hether there was any previous continuance, extension of time, or delay of trial due to any party.” (Cal. Rules of Court, rule 3.1332, subd. (d)(2).) Defendant’s counsel states that “[t]here have been no prior trial continuances in this case.” (Lamond Decl., ¶ 2.)

Additionally, Department 50 will be dark from December 10, 2024 through the end of the year and the Court does not hear trials on Mondays, including December 9, 2024. Consequently, the three court days of December 4 through 6, 2024 will not be sufficient time to complete the jury trial in this case.

Based on the foregoing, the Court finds that good cause exists for a trial continuance.

Conclusion

Based on the foregoing, Defendant’s motion is granted. 

The Court continues the final status conference to ______________, at _____ a.m./p.m., in Dept. 50 and trial to _____________, at 9:30 a.m., in Dept. 50. The trial readiness and exhibit binders must be lodged in Dept. 50 by 4 p.m. on ____________.

All discovery and motion deadlines will be based on the new trial date.  

Defendant is ordered to give notice of this ruling.  

 DATED:  October 31, 2024                                                 

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court