Judge: William A. Crowfoot, Case: BC690036, Date: 2022-09-22 Tentative Ruling

Case Number: BC690036    Hearing Date: September 22, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DIALESSANDRO JOHANNY VIDES, et al.,

                   Plaintiff(s),

          vs.

 

LOS ANGELES UNIFIED SCHOOL DISTRICT, et al.,

 

                   Defendant(s).

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CASE NO.: BC690036

 

[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL

 

Dept. 27

1:30 p.m.

XXX, 2022

 

I.            INTRODUCTION

On January 11, 2018, plaintiff Dialessandro Johanny Vides (“Johanny”) filed this action against defendant Los Angeles Unified School District (“Defendant”). On September 7, 2018, Plaintiff filed the operative First Amended Complaint asserting claims for negligence and negligent hiring, retention, and supervision. Plaintiff alleges he suffered physical abuse as a special needs student by his teacher during the 2016-2017 school year while he was a student at Van Nuys Middle School.

Trial is currently scheduled for October 14, 2022.  Defendant seeks an order continuing the trial date, final status conference, and all discovery and motion cut-off deadlines.  The motion is unopposed. 

II.          LEGAL STANDARD

Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are thus generally disfavored. (See id. rule 3.1332(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(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(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(d).)

On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.  This motion shall be accompanied by a meet and confer declaration demonstrating a good faith effort at informal resolution.  (Code Civ. Proc., § 2024.050, subd. (a).)  

The court shall take into consideration any matter relevant to the leave requested, including, but not limited to: (1) the necessity and the reasons for the discovery, (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier, (3) any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party, and (4) the length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action.”  (Code Civ. Proc., § 2024.050, subd. (b).)

III.        DISCUSSION

Defendant argues good cause exists for a continuance because newly substituted trial counsel will be unavailable during the currently scheduled trial date.  One attorney has a pre-paid vacation from October 20, 2022 through October 31, 2022 while another attorney will be undergoing non-elective surgery on September 14, 2022 which will require approximately one month of recovery.  (Kaufman Decl., ¶ 4.)  Further, Plaintiff has designated an orthopedic surgeon as an expert and Defendant needs additional time to conduct discovery regarding Plaintiff’s orthopedic injury claims.  Defendant requests a continuance of approximately 90 days or a date thereafter convenient with the Court. 

IV.         CONCLUSION

Defendant’s unopposed motion is GRANTED.  Trial is continued from October 14, 2022 to January 18, 2023 at 8:30 a.m. in Department 27.  The final status conference is continued from September 30, 2022 to January 4, 2022 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.