Judge: Theresa M. Traber, Case: 23STCV30527, Date: 2025-06-10 Tentative Ruling

Case Number: 23STCV30527    Hearing Date: June 10, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     June 10, 2025                         TRIAL DATE: July 22, 2025

CASE:                         John & Sheryl Associates d/b/a Discovery World Early Education Center v. CYP LLC

CASE NO.:                 23STCV30527           

MOTION TO CONTINUE TRIAL

MOVING PARTY:               Defendant CYP LLC

RESPONDING PARTY(S): No response on eCourt as of 06/05/25.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract that was filed on December 14, 2023. Plaintiff John & Sheryl Associates d/b/a Discovery World Early Education Center alleges that, its landlord, Defendant CYP LLC, refused to approve Plaintiff’s request to install new playground equipment without adequate justification.

Defendant moves to continue trial to October 6, 2025.  

TENTATIVE RULING:

            Defendant moves to continue trial to October 6, 2025.

“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).) Therefore, “continuances of trials are disfavored.” (Cal Rules of Court Rule 3.1332(c).) 

            Defendant seeks a three-month continuance of the trial currently set for July 22, 2025, and the Final Status Conference set for July 7, 2025, on the grounds that (1) Defendant has been unable to complete discovery, (2) Defendant’s principal is unavailable for deposition and trial due to a recent birth, and (3) Defendant in the process of replacing its legal counsel. (Declaration oof David T. Ching ISO Mot. ¶ 4.)

            California Rule of Court 3.1332(c) sets forth examples of circumstances that constitute good cause. “A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts” is expressly identified as good cause for a continuance. (Id. subd. (6).) Unavailability of parties due to “death, illness, or other excusable circumstances” is also good cause for a continuance. (Id. subd. (2).)  Defendant has offered evidence establishing exactly those circumstances.

In addition, in ruling on a motion for continuance of the trial date, other factors include, as relevant to this motion:

·         The proximity of the trial date. Here, the trial date is currently set for July 22, 2025, approximately seven weeks after this motion is scheduled to be heard. 

·       Whether there was any previous continuance, extension of time, or delay of trial due to any party. This is the first continuance of trial that would be the result of any party. 

·       The length of the continuance requested. Less than three months

·       The availability of alternative means to address the problem that gave rise to the motion or application for a continuance. There is no feasible means to address the problem of inability to procure evidence and unavailability of witnesses at this juncture.

·       The prejudice that parties or witnesses will suffer as a result of the continuance. There does not appear to be any prejudice that would result from the continuance. 

·       Whether all parties have stipulated to a continuance. Plaintiff has not stipulated to a continuance.

·       Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance. The interests of justice would be served by allowing the parties to complete discovery and procure basic evidence for use at trial.

·       Any other fact or circumstance relevant to the fair determination of the motion or application. This action was filed on December 14, 2023 and is therefore less than two years old.

            Accordingly, Defendant’s Motion to Continue Trial is GRANTED, with the caveat that the Court has no availability for another case to be set for trial in October 2025.  As a result, the Court will discuss with the parties at the hearing an appropriate date for the continued trial and Final Status Conference..

            Moving Party to give notice.

IT IS SO ORDERED.

Dated: June 10, 2025                          ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.