This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 22:15:06 (UTC).

ARTURO SANTANA VS DAVID ORTEGA, ET AL.

Case Summary

On 12/20/2017 ARTURO SANTANA filed a Contract - Debt Collection lawsuit against DAVID ORTEGA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is THOMAS D. LONG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2492

  • Filing Date:

    12/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

THOMAS D. LONG

 

Party Details

Plaintiff

SANTANA ARTURO

Defendants

ORTEGA DAVID

ORTEGA DIANE

Attorney/Law Firm Details

Plaintiff Attorney

FRANCIS MICHAEL ALAN

 

Court Documents

Minute Order - (Ex-Parte Proceeding; Hearing on Ex Parte Application for Exte...)

1/23/2018: Minute Order - (Ex-Parte Proceeding; Hearing on Ex Parte Application for Exte...)

Proof of Service (not Summons and Complaint)

1/23/2018: Proof of Service (not Summons and Complaint)

Ex Parte Application (name extension) - FOR EX PARTE MOTION FOR EXTENSION OF TIME TO FILE ANSWER; DECLARATION OF DAVID ORTEGA AND DIANE ORTEGA; AND MEMORANDUM

1/23/2018: Ex Parte Application (name extension) - FOR EX PARTE MOTION FOR EXTENSION OF TIME TO FILE ANSWER; DECLARATION OF DAVID ORTEGA AND DIANE ORTEGA; AND MEMORANDUM

Order on Court Fee Waiver (Superior Court)

1/23/2018: Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court)

1/23/2018: Order on Court Fee Waiver (Superior Court)

Stipulation and Order Appointing Member of State Bar as Temporary Judge

1/23/2018: Stipulation and Order Appointing Member of State Bar as Temporary Judge

Answer

2/22/2018: Answer

Trial Brief - Trial Brief

12/21/2018: Trial Brief - Trial Brief

Stipulation for the Appointment of Court Commissioner as Temporary Judge - Stipulation for the Appointment of Court Commissioner as Temporary Judge

12/26/2018: Stipulation for the Appointment of Court Commissioner as Temporary Judge - Stipulation for the Appointment of Court Commissioner as Temporary Judge

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 12/26/2018

12/26/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 12/26/2018

Minute Order - Minute Order (Non-Jury Trial)

12/26/2018: Minute Order - Minute Order (Non-Jury Trial)

Notice of Case Reassignment/Vacate Hearings - Notice of Case Reassignment/Vacate Hearings

1/11/2019: Notice of Case Reassignment/Vacate Hearings - Notice of Case Reassignment/Vacate Hearings

Notice of Trial Setting Conference and Attached Orders Thereon - Notice of Trial Setting Conference and Attached Orders Thereon

3/1/2019: Notice of Trial Setting Conference and Attached Orders Thereon - Notice of Trial Setting Conference and Attached Orders Thereon

Complaint

12/20/2017: Complaint

Civil Case Cover Sheet

12/20/2017: Civil Case Cover Sheet

Summons - on Complaint

12/20/2017: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

12/20/2017: Notice of Case Assignment - Limited Civil Case

Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

12/20/2017: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

8 More Documents Available

 

Docket Entries

  • 03/01/2019
  • Trial Setting Conference scheduled for 07/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 03/01/2019
  • Notice of Trial Setting Conference and Attached Orders Thereon; Filed by: Clerk

    Read MoreRead Less
  • 02/04/2019
  • Case reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

    Read MoreRead Less
  • 01/15/2019
  • Notice of Trial; Filed by:

    Read MoreRead Less
  • 01/11/2019
  • Non-Jury Trial scheduled for 02/22/2019 at 08:30 AM in Norwalk Courthouse at Department A

    Read MoreRead Less
  • 01/11/2019
  • Notice of Case Reassignment/Vacate Hearings; Filed by: Clerk

    Read MoreRead Less
  • 01/11/2019
  • On the Court's own motion, Non-Jury Trial scheduled for 12/26/2018 at 08:30 AM in Norwalk Courthouse at Department A Held - Continued was rescheduled to 02/22/2019 08:30 AM

    Read MoreRead Less
  • 01/11/2019
  • Non-Jury Trial scheduled for 02/22/2019 at 08:30 AM in Norwalk Courthouse at Department A Not Held - Vacated by Court on 12/26/2018

    Read MoreRead Less
  • 12/26/2018
  • Stipulation for the Appointment of Court Commissioner as Temporary Judge; Filed by:

    Read MoreRead Less
  • 12/26/2018
  • Case reassigned to Stanley Mosk Courthouse in Department 94 - Hon. Jon R. Takasugi; Reason: Other

    Read MoreRead Less
22 More Docket Entries
  • 01/23/2018
  • Updated -- Order on Court Fee Waiver (Superior Court): Result: Denied; Result Date: 01/23/2018

    Read MoreRead Less
  • 01/23/2018
  • Ex Parte Application FOR EX PARTE MOTION FOR EXTENSION OF TIME TO FILE ANSWER; DECLARATION OF DAVID ORTEGA AND DIANE ORTEGA; AND MEMORANDUM; Filed by: DAVID ORTEGA (Defendant); DIANE ORTEGA (Defendant)

    Read MoreRead Less
  • 12/20/2017
  • Complaint; Filed by: ARTURO SANTANA (Plaintiff); As to: DAVID ORTEGA (Defendant); DIANE ORTEGA (Defendant)

    Read MoreRead Less
  • 12/20/2017
  • Civil Case Cover Sheet; Filed by: ARTURO SANTANA (Plaintiff)

    Read MoreRead Less
  • 12/20/2017
  • Summons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 12/20/2017
  • Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

    Read MoreRead Less
  • 12/20/2017
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 12/20/2017
  • Case assigned to Hon. Thomas D. Long in Department B Norwalk Courthouse

    Read MoreRead Less
  • 12/20/2017
  • Order to Show Cause - Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 12/26/2018 at 08:30 AM in Norwalk Courthouse at Department B

    Read MoreRead Less
  • 12/20/2017
  • The case is placed in special status of: Collections Case (CCP 3.740)

    Read MoreRead Less

Tentative Rulings

Case Number: 17NWLC12492    Hearing Date: November 05, 2019    Dept: 94

MOTION TO CONTINUE TRIAL

(CRC 3.1332)

TENTATIVE RULING:

Plaintiff Arturo Santana’s Motion to Continue Trial Date is GRANTED.

ANALYSIS:

I. Background

On December 20, 2017, Plaintiff Arturo Santana (“Plaintiff”) filed this breach-of-contract action against Defendants David Ortega and Diane Ortega (collectively, “Defendants”). On September 4, 2019, Plaintiff filed the instant Motion to Continue Trial Date (the “Motion”).

II. Legal Standard

“To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  (CRC 3.1332(a).) “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.  The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”  (Id. 3.1332(b).)

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (Id. 3.1332(c).)

“[T]he court must consider all the facts and circumstances that are relevant to the determination. These may include:

(1)The proximity of the trial date;

(2)Whether there was any previous continuance, extension of time, or delay of trial due to 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. 3.1332(d).)

III. Discussion

Plaintiff seeks to continue the trial date because his counsel has another hearing in Oakland on a case pending in the U.S. District Court for the Northern of California on the same day as the trial scheduled on December 11, 2019 in this Department. Defendants have not opposed the Motion. The Court discerns no prejudice to Defendants by continuing the trial date. “Although continuances of trials are disfavored,” the Court finds that a continuance is appropriate this time.

IV. Conclusion & Order

For good cause shown, the unopposed Motion is GRANTED.

The trial date of December 11, 2019 is ADVANCED to today’s date and CONTINUED to FEB. 11, 2020 at 8:30 a.m. in Department 94. All discovery dates to follow the new trial date.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court’s website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.