Judge: Thomas D. Long, Case: 19STCV41816, Date: 2022-09-22 Tentative Ruling

Case Number: 19STCV41816    Hearing Date: September 22, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 21, 2020, Plaintiff Aaron Meyerson filed a first amended complaint against Defendant Verb Technology Company, Inc.  At the September 25, 2020 Case Management Conference, both parties waived jury, and the Court scheduled a non-jury trial for November 15, 2021.  At the November 1, 2021 Final Status Conference, the Court set a briefing schedule and continued the trial to November 15, 2022.  On November 15, 2021, the Court continued the trial to June 27, 2022.  On June 27, 2022, the parties stipulated to continue the trial to August 29, 2022.  On August 9, 2022, the Court continued the trial to December 27, 2022.

On September 2, 2022, Plaintiff filed a motion to continue trial.  No oppositions were filed.

A court may grant a continuance of trial upon a showing of good cause.  (California Rules of Court, rule 3.1332(c).)  Good cause includes the unavailability of trial counsel because of death, illness, or other excusable circumstances.  (California Rules of Court, rule 3.1332(c)(3).)  The court must consider all the facts and circumstances that are relevant to the determination.  (California Rules of Court, rule 3.1332(d).)

The parties had stipulated to an August 29, 2022 trial date, but on August 9, 2022, the Court rescheduled the trial for December 27, 2022.  Before this continuance, Plaintiff’s counsel had committed to reservations for him and his family to attend a family reunion.  (Todd Decl. ¶ 5.)  No prejudice will result from granting this motion, and Defendant’s represented to Plaintiff’s counsel that the motion would not be opposed.  (Todd Decl. ¶ 6.)  The Court therefore finds good cause to continue the trial.

The motion to continue trial is GRANTED.  The Non-Jury Trial scheduled for 12/27/2022 at 9:00 AM is advanced to this date and continued to _____.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

       Dated this 22nd day of September 2022