Judge: Armen Tamzarian, Case: 21STCV02330, Date: 2023-02-03 Tentative Ruling

Case Number: 21STCV02330    Hearing Date: February 3, 2023    Dept: 52

Defendants Lockheed Martin Corporation, Mark Marino, and Dorian Racey’s Motion to Continue Trial

Defendants Lockheed Martin Corporation, Mark Marino, and Dorian Racey move to continue the trial from May 17, 2023, to September 13, 2023.    

            Defendants show good cause to continue the trial.  “The court may grant a continuance only on an affirmative showing of good cause requiring” it.  (Cal. Rules of Court, rule 3.1332(c).)  Good cause can include “[a] party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.”  (Rule 3.1332(c)(6).)

Defendants have been unable to obtain crucial evidence: plaintiff Jimmy Guzman’s deposition.  They show they have made diligent efforts.  Defense counsel describes their efforts to depose plaintiff in detail.  (Kim Decl., ¶¶ 4-17.)  Plaintiff objected to the initial deposition four business days before its scheduled date.  (Kim Decl., ¶ 6, Ex. B.)  Plaintiff canceled another scheduled deposition date because he was sick.  (Kim Decl., ¶ 12.) 

Defendants made diligent efforts to depose plaintiff early enough to move for summary judgment.  Moreover, the trial has not been continued before.  A moderate continuance of four months will not prejudice plaintiff.  The court finds that continuing the trial will serve the interests of justice.

Disposition

Defendants Lockheed Martin Corporation, Mark Marino, and Dorian Racey’s motion to continue trial is granted.  All pre-trial deadlines will follow the new trial date.

The court hereby continues the final status conference from May 1, 2023, to August 28, 2023, at 9:00 a.m.  The court hereby continues the trial from May 17, 2023, to September 13, 2023, at 10:00 a.m.