Judge: William A. Crowfoot, Case: 20STCV25110, Date: 2022-12-28 Tentative Ruling

Case Number: 20STCV25110    Hearing Date: December 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JENNIFER ERICSON,

                   Plaintiff,

          vs.

 

STEVEN FURWA; DANIEL FURWA; Does 1 to 100,

 

                   Defendants.

 

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CASE NO.: 20STCV25110

 

[TENTATIVE] ORDER RE: DEFENDANT STEVEN FURWA’S MOTION TO CONTINUE TRIAL

 

Dept. 27

1:30 p.m.

December 28, 2022

 

          On July 2, 2020, Jennifer Ericson (“Plaintiff”) filed this action against Jo-Steven Furwa (“Defendant”) and Daniel Furwa for injuries arising out of a motor vehicle accident.  Defendant filed this unopposed motion to continue trial on December 5, 2022.

Trial is currently set for February 2, 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, nearly all of Plaintiff’s medical treatment has been through the Veterans Health Administration (“VA”).  (Motion, Lascola Decl. ¶ 4.)  Through her counsel, Plaintiff authorized the VA to release her medical records to Defendant, but the VA has not yet produced these records.  (Motion, Lascola Decl. ¶ 4.)  Without the production of her records from the VA, the taking of Plaintiff’s deposition has been delayed because these records constitute such a significant part of the evidence in this litigation.  (Motion, Lascola Decl. ¶ 5.)  Expert witness discovery for both Plaintiff and Defendant is incomplete, due to the inability to finalize the necessary percipient discovery in a timely manner.  (Motion, Lascola Decl. ¶ 6.)  A trial continuance will allow for the appropriate completion of expert witness discovery.  (Motion, Lascola Decl. ¶ 6.)  There have been two prior trial continuances.  (Motion, Lascola Decl. ¶ 9.)  Defendant seeks a continuance of approximately 120 days (or 4 months).  (Motion, Lascola Decl. ¶ 10.)  A stipulation was also filed on December 9, 2022, showing that the parties have agreed to a trial continuance. 

Accordingly, Defendant’s unopposed motion to continue trial is GRANTED.   As the requested trial date of June 8, 2023 is not available, trial is continued from February 2, 2023 to June 6, 2023 at 8:30 a.m. in Department 27.  The final status conference is continued from January 19, 2023 to May 23, 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.