Judge: Thomas D. Long, Case: 21STCV17866, Date: 2024-12-12 Tentative Ruling

Case Number: 21STCV17866    Hearing Date: December 12, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

At the February 23, 2024 Case Management Conference, the Court set a June 23, 2025 Final Status Conference and a July 21, 2025 trial in this action.

On November 8, 2024, Caesar James Bijou dba Bijou Construction Co. (“Bijou”) filed a motion to continue the trial date.

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 excusable unavailability of trial counsel or a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.  (California Rules of Court, rule 3.1332(c)(3), (c)(6).)  The court must consider all the facts and circumstances that are relevant to the determination.  (California Rules of Court, rule 3.1332(d).)

Counsel declares that two days before the Case Management Conference, his wife prepaid a vacation for July 25 through August 8, 2025.  (Reyes Decl. ¶ 5.)  Counsel inadvertently failed to share this vacation information with the associate attorney who attended the Case Management Conference.  (Reyes Decl. ¶ 6.)  Counsel did not realize that he had a calendar conflict with the trial date until he was recently reviewing his 2025 trial calendar.  (Reyes Decl. ¶ 7.)  Counsel met and conferred with all parties involved in this case, and they stipulated to continuing the trial to September 8, 2025, with all discovery deadlines to conform with the new trial date.  (Reyes Decl. ¶ 8 & Ex A.)

On November 25, 2024, Bijou filed a Notice of Non-Opposition and asked the Court to grant the motion without a hearing.  If the parties had submitted a stipulation and proposed order instead of this motion, the Court could have signed the order without a hearing.

The unopposed motion to continue trial is GRANTED.

The Final Status Conference is CONTINUED to ______________.

The Jury Trial is 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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 12th day of December 2024