Judge: William A. Crowfoot, Case: 20STCV44141, Date: 2022-12-28 Tentative Ruling

Case Number: 20STCV44141    Hearing Date: December 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ALISHA GARTH, as guardian ad litem for Jayla Garth,

                   Plaintiffs,

          vs.

 

MAXIMILLIAN A. HUFF; Does 1-10,

 

                   Defendants.

 

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CASE NO.: 20STCV44141

 

[TENTATIVE] ORDER RE: DEFENDANT MAXIMILLIAN A. HUFF’S MOTION TO CONTINUE TRIAL

 

Dept. 27

1:30 p.m.

December 28, 2022

 

          On November 17, 2020, Alisha Garth and Jayla Garth (collectively, “Plaintiffs”) filed this action against Maximillian A. Huff (“Defendant”) for injuries arising from a motor vehicle accident.  On December 1, 2022, Defendant filed an ex parte application to continue trial, which the Court denied.  Defendant filed this unopposed motion to continue trial on December 5, 2022.

Trial is currently set for January 9, 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, Defendant is currently serving in the United States Army and is unavailable for the trial date currently set.  (Motion, Exh. A ¶¶ 3-4.)  Both parties stipulated to a continuance, which is signed by counsel for each.  (Motion, Exh. B.)  Pursuant to Rule 3.1332(d), all of these factors favor a grant of the continuance.  The parties previously stipulated to two other trial continuances.  (Motion, Varjian Decl. ¶ 9.)  Defendant requests a continuance to May 15, 2023.  (Motion, Varjian Decl. ¶ 13.)  Plaintiff’s counsel authorized service of this motion via email rather than personal service.  (Motion, Varjian Decl. ¶ 14.)  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 January 9, 2023 to May 30, 2023 at 8:30 a.m. in Department 27.  The final status conference is to May 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.