Judge: William A. Crowfoot, Case: 20STCV07577, Date: 2022-08-26 Tentative Ruling

Case Number: 20STCV07577    Hearing Date: August 26, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On February 24, 2020, Plaintiff Luis Calderas (“Plaintiff’) filed this action against Defendant Imperial Warehouse, LLC arising from an incident involving moving dock plates, loading ramps, and a forklift.  On April 28, 2020, Plaintiff named Imperial CFS, Inc. as Doe 1.

On June 8, 2021, pursuant to the parties’ stipulation, the Court continued trial from August 23, 2021 to March 1, 2022.

On January 3, 2022, pursuant to the parties’ stipulation, the Court continued the trial from March 1, 2022 to November 7, 2022.

On May 16, 2022, Imperial CFS, Inc. filed a cross-complaint against Cross-Defendant Quality Personnel Services dba Power Staff (“Cross-Defendant”) for (1) indemnity, (2) apportionment of fault, (3) declaratory relief, and (4) express indemnity.

On August 2, 2022, Cross-Defendant filed a motion to continue trial and all related dates.  No opposition has been filed.

II.          LEGAL STANDARD

Trial dates are firm to ensure prompt disposition of civil cases.  (Cal. Rules of Court, rule 3.1332, subd. (a).)  Continuances are thus generally disfavored.  (Id., rule 3.1332, subd. (b).)  Nevertheless, the trial court has discretion to continue trial dates.  (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.)  Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause.  (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at 1246.)  Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) the unavailability of a party due to death, illness, or other excusable circumstances; (3) the unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) the substitution of trial counsel where there is an affirmative showing that the substitution is required in the interests of justice; (5) the addition of a new party if (A) the new party has not had a reasonable opportunity to conduct discovery and prepare for trial, or (B) the other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party’s involvement in the case; (6) a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.  (Cal. Rules of Court, rule 3.1332, subd. (c).)

The court must also consider such relevant factors as: (1) the proximity of the trial date; (2) whether there was any previous continuance, extension of time, or delay of trial caused by any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; (6) if the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) the court’s calendar and the impact of granting a continuance on other pending trials; (8) whether trial counsel is engaged in another trial; (9) whether all parties have stipulated to a continuance; (10) whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) any other fact or circumstance relevant to the fair determination of the motion or application.  (Id., rule 3.1332, subd. (d).)

III.        DISCUSSION

Cross-Defendant seeks a court order continuing the November 7, 2022 trial date to at least August 15, 2023, or as soon thereafter as is convenient for the Court and all parties.  Cross-Defendant also requests all discovery and motion deadlines to be based on the new trial date.

Cross-Defendant argues there is good cause to continue the trial date because this matter is not at issue with respect to Cross-Defendant.  Cross-Defendant indicates that it only recently appeared in this matter on July 5, 2022.  Cross-Defendant contends that with the recent addition of Cross-Defendant to this action, the parties will need time to conduct additional discovery, party depositions, third party depositions, and expert discovery.  Cross-Defendant provides the parties also intend on informally resolving this matter and engaging in mediation, but that the parties are still in the process of conducting factual investigation and discovery and require additional time to do so in order to meaningfully engage in continued settlement discussions.  Cross-Defendant further provides that it is waiting for receipt of Plaintiff’s and Imperial CFS, Inc.’s prior pleadings and discovery responses and production.  Cross-Defendant asserts there will be no prejudice by a continuance as the parties have stipulated to a trial continuance.

The Court finds there is good cause to continue the trial date to allow the parties to complete discovery and engage in mediation.  The Court further finds a continuance would not prejudice the other parties because all parties have stipulated to a continuance.  Cross-Defendant is thus entitled to a court order continuing the November 7, 2022 trial date.

VI.     CONCLUSION

          In light of the foregoing, the motion to continue trial and all related dates is GRANTED.

The Court orders trial continued from November 7, 2022 to __________, 2023 at 8:30 a.m., in Department 27.  The Final Status Conference is continued from October 24, 2022 to ____________, 2023 at 10:00 a.m., in Department 27.  Discovery and motion cut-off dates shall 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.