Judge: William A. Crowfoot, Case: 19STCV42587, Date: 2022-12-28 Tentative Ruling

Case Number: 19STCV42587    Hearing Date: December 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On November 26, 20219, Maria Barajas (“Plaintiff”) filed this action against Jo-Ann Stores, LLC (“Defendant”) for injuries arising from a slip-and-fall incident.  On December 1, 2022, Defendant filed an ex parte application to continue trial, which the Court denied for Defendant’s failure to make an affirmative factual showing of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte pursuant to CRC rule 3.1202(c).  On December 7, 2022, the Court denied a stipulation by the parties to continue trial because it was not signed by all the parties’ counsel.  Defendant filed this unopposed motion to continue trial on December 5, 2022.

Trial is currently set for February 22, 2023.

          Continue Trial

Rule of Court 3.1332 authorizes a trial continuance on an affirmative showing of good cause.  Pursuant to Rule 3.1332(d), in ruling on an application or motion for continuance, the court must consider “[t]he proximity of the trial date; [w]hether there was any previous continuance, extension of time, or delay of trial due to any party; [t]he length of the continuance requested; . . . [t]he prejudice that parties or witnesses will suffer as a result of the continuance; . . . [w]hether all parties have stipulated to a continuance; [w]hether interests of justice are best served by a continuance; and [a]ny other relevant facts.”

Here, all parties have agreed to participate in a private mediation in good faith.  (Motion, Casolari Decl. ¶¶ 9-10.)  Upon contacting the two mediators that were agreed upon by all parties, the first available date for both mediators was April 5, 2023, which is after the currently scheduled trial date of February 22, 2023.  (Motion, Casolari Decl. ¶ 9.)  All parties have confirmed the mediation with John K. Raleigh, Esq., with Alternate Resolution Centers for April 5, 2023.  (Motion, Casolari Decl. ¶ 10.)  The parties stipulated to a continuance in this case.  (Motion, Casolari Decl. ¶ 12.)  The parties agree and request that the trial date be continued to October 30, 2023, or a date thereafter that comports with the trial court's calendar.  (Motion, Casolari Decl. ¶ 13.)  This is the third request for a trial continuance and all of them have been jointly requested, and each for good cause.  (Motion, Casolari Decl. ¶ 14.)  A continuance to the proposed dates would not prejudice any of the parties.  (Motion, Casolari Decl. ¶ 15.)  Pursuant to Rule 3.1332(d), all of these factors favor a grant of the continuance.

Accordingly, Defendant’s motion to continue trial is GRANTED.

Trial is continued from February 22, 2023 to October 30, 2023.  The final status conference is continued from February 8, 2023 to October 16 2023 at 10:00 a.m. in Department 27.  All pretrial deadlines including discovery and motion cut-off dates are to be based on the new trial date. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.