Judge: William A. Crowfoot, Case: 19STCV44766, Date: 2023-01-04 Tentative Ruling

Case Number: 19STCV44766    Hearing Date: January 4, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On December 16, 2019, Elvis A. Castillo by and through his guardian ad litem Edelmira Castillo (collectively, “Plaintiffs”) filed this action against Los Angeles Unified School District (“Defendant”) for injuries sustained during a physical education class.  The parties stipulated to continue trial on December 5, 2022.  Plaintiffs filed a proposed order on December 5, 2022.  Defendant filed a motion to continue trial and proposed order on December 7, 2022.

Trial is currently set for February 6, 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, trial is set for February 6, 2023, and the parties request a continuance of at least three months to May 24, 2023 or later.  (Motion, p. 8.)  One plaintiff is a minor in high school and efforts have been made to schedule his deposition without affecting his school attendance or performance and this has slightly delayed the scheduling of Plaintiff’s depositions.  (Stipulation, ¶ 5.)  The parties are still in the process of scheduling the deposition of essential lay witnesses.  (Stipulation, ¶ 7.)  Despite mutual diligence, the parties have been unable to obtain essential testimony and other material evidence and need additional time to conduct depositions and complete discovery.  (Stipulation, ¶ 8.)  There is a good probability that this case can be resolved in private mediation and more time would allow them to complete necessary discovery and depositions and arrange for mediation with a mutually agreed upon mediator, saving judicial resources.  (Stipulation, ¶ 9.)  The parties have jointly agreed to the requested continuance and stipulate that there is good cause for an extension, and neither of them will suffer any prejudice if the continuance is granted.  (Stipulation, ¶ 10.)  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.

The requested trial date of May 24, 2023 is not available.  Therefore, trial is continued to the first available trial date after May 24, which is September 20, 2023.  The final status conference is continued to September 6, 2023.  All trial related dates will be continued consistent with the new trial date including all discovery deadlines.

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.