On 04/13/2018 a Personal Injury - Motor Vehicle case was filed by KWANG SHEEN against JON WHEATLEY in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
DOES 1 TO 20
6/20/2018: Proof of Service by Substituted Service
7/12/2018: DEMAND FOR JURY TRIAL
7/12/2018: ANSWER TO UNVERIFIED COMPLAINT
12/27/2018: Notice of Change of Firm Name
1/23/2019: Notice of Deposit - Jury
Notice of Deposit - Jury; Filed by Jon Wheatley (Defendant)Read MoreRead Less
Notice of Change of Firm Name; Filed by Jon Wheatley (Defendant)Read MoreRead Less
Demand for Jury Trial; Filed by Jon Wheatley (Defendant)Read MoreRead Less
DEMAND FOR JURY TRIALRead MoreRead Less
ANSWER TO UNVERIFIED COMPLAINTRead MoreRead Less
Answer; Filed by Jon Wheatley (Defendant)Read MoreRead Less
Proof of Service by Substituted ServiceRead MoreRead Less
Proof-Service/Summons; Filed by Kwang Sheen (Plaintiff); Jong Sheen (Plaintiff)Read MoreRead Less
Complaint; Filed by Kwang Sheen (Plaintiff); Jong Sheen (Plaintiff)Read MoreRead Less
Summons; Filed by Kwang Sheen (Plaintiff); Jong Sheen (Plaintiff)Read MoreRead Less
Case Number: BC702315 Hearing Date: February 03, 2020 Dept: 27
[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL AND RE-OPEN DISCOVERY
On April 13, 2018, plaintiff Jong Sheen filed this action against defendant John Wheatley for injuries and damages arising from a December 11, 2016 automobile accident. Trial is currently set for February 25, 2020. Defendant moves for a trial continuance to April 9, 2020 and to re-open discovery. The motion is unopposed.
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.)
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. 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).)
On October 23, 2019, Defendant noticed a medical examination for Plaintiff on February 11, 2020, which Defendant contends was the first available date. Defendant states that a medical exam is critical to his case. Defendant does not explain why he waited to schedule the examination and why it was not scheduled earlier. But Plaintiff does not oppose the motion.
Accordingly, the Court GRANTS the motion, reopens discovery, and continues the trial to April 9, 2020. The Final Status Conference is continued to March 26, 2020. All dates are based on the new trial date. The parties are ordered to inform their witnesses, experts, and all parties of the new date immediately. The Court has granted this continuance to the date selected by the moving party and there was no opposition to the selected date. The Court presumes the date has been cleared with the parties, counsel and experts, and grants the continuance in reliance on the implicit representation that the parties, counsel and experts will be available on the date of trial and day-to-day thereafter for the length of the trial plus a five-day trailing period. No further continuances should be expected.
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.