Case Number: BC720898    Hearing Date: February 14, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION FOR ORDER TO CONTINUE TRIAL

On September 7, 2018, plaintiff Laura Michelle Spadaro (“Plaintiff”) filed this action against defendant Fred Floyd Gatchell for injuries arising from a November 14, 2017 motor vehicle accident.  Plaintiff filed a series of other cases against Gatchell that were related to and consolidated with this case.  County of Los Angeles also filed a case against Gatchell that was related to and consolidated with this case.  Defendants Fred Floyd Gatchell and Debbie Gatchell (collectively, “Defendants”) move for an order continuing trial from March 9, 2020 to September 14, 2020.  No opposition was filed.

A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered.  (Cal. Rules of Court, Rule 3.1332(b).)  The request for continuance may be granted on an affirmative showing of good cause.  (Cal. Rules of Court, Rule 3.1332.)

Defendants contend good cause exists for a trial continuance because Defendants did not file an answer until October 15, 2019 and have not had an opportunity to conduct discovery or evaluate the case for settlement purposes.  The Motion is unopposed and the proposed continuance is stipulated to by all parties.  Based on the foregoing, the Court finds good cause exists and GRANTS the motion to continue the trial date from March 9, 2020 to September 15, 2020, at 8:30 a.m. and the Final Status Conference from February 21, 2020 to September 1, 2020 at 10:00 a.m.  The parties are to inform all witnesses and experts about the new trial date immediately and should expect no further continuances.

Moving party to give notice.