Judge: Thomas D. Long, Case: 21STCV13635, Date: 2022-12-06 Tentative Ruling

Case Number: 21STCV13635    Hearing Date: December 6, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 9, 2021, Plaintiff Chantly Banayan filed this action against Defendant Jaguar Land Rover North America LLC.  At the August 10, 2021 Case Management Conference, the Court scheduled a jury trial for December 5, 2022.

On October 25, 2022, Plaintiff filed a motion to compel further responses to requests for production of documents.  The motion is scheduled to be heard on January 31, 2023.

On October 27, 2022, the Court denied Plaintiff’s Ex Parte Application For an Order Advancing and Specially Setting the Hearing of Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set Two or, in the alternative, to Continue the Trial Date.  The denial was without prejudice to any noticed motion to continue the trial.

On November 3, 2022, Plaintiff filed a motion to continue trial and all related dates, noticing a hearing date of December 6, 2022.

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).)

Plaintiff asks to continue the trial date to March 2023 due to the pending discovery motion and outstanding deposition testimony.  But on November 10, 2022, the Court granted in part Plaintiff’s Ex Parte Application to Continue Trial and Related Dates.  The Court continued the trial to March 6, 2023 and noted that discovery and motion deadlines were not reset, but pending motions and discovery could proceed.  Plaintiff’s pending discovery motion is scheduled for January 31, 2023, about four weeks before the new trial date.  Thus, Plaintiff no longer faces the potential prejudice that was the basis for this motion at the time it was filed.

The motion to continue trial is DENIED.

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 6th day of December 2022