Judge: William A. Crowfoot, Case: 20STCV22439, Date: 2023-01-05 Tentative Ruling

Case Number: 20STCV22439    Hearing Date: January 5, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On June 15, 2020, Connor Birnholz (“Plaintiff”) filed this action against Bret Whettam (“Defendant”) for injuries sustained during a motor vehicle collision.  The parties stipulated to continue trial on December 2, 2022.  Defendant filed a motion to continue trial and proposed order on December 8, 2022.

Trial is currently set for February 16, 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 16, 2023, and the parties request a continuance of at least four months to June 16, 2023 or later.  (Stipulation ¶ 18.)  The parties stipulate to continue trial.  (Stipulation p. 4.)  If the Court grants this continuance, it will be the third time trial has been continued.  (Cosgrove Decl. ¶ 10.)

The parties have agreed to private mediation and are mutually working on resolving this case informally.  (Stipulation ¶¶ 13, 15.)  The parties do not anticipate mediation will be completed before the trial date currently set.  (Stipulation ¶ 14.)

Moreover, the parties have not yet conducted significant discovery.  Plaintiff has not yet deposed Defendant.  (Cosgrove Decl. ¶ 3.)  Plaintiff has twice failed to appear for independent medical examinations (IMEs).  (Cosgrove Decl. ¶ 5.)  No party will be prejudiced if the continuance is granted, but both parties may be prejudiced if the continuance is not granted.  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.  However, the requested trial date of June 16, 2023 is not available.  Accordingly, trial is continued to September 21, 2023.  The final status conference is continued to September 7, 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.