Judge: Armen Tamzarian, Case: 21STCV29383, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV29383    Hearing Date: December 16, 2022    Dept: 52

21STCV29383 Mark Mahaffey vs. Hawker Pacific Aerospace - Hearing on Ex Parte Application to Continue Trial

Plaintiff applies ex parte to continue the trial from April 26, 2023, to September 13, 2023. 

California Rules of Court, rule 3.1202(c) provides, “An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” 

Plaintiff fails to show irreparable harm or immediate danger that warrants granting ex parte relief.  The trial is over four months away.  There is no need for ex parte relief.

Plaintiff also does not 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).)  “A party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts” indicates good cause.  (Rule 3.1332(c)(6).)  Plaintiff states the parties have noticed depositions but not yet taken them.  Plaintiff has not shown diligent efforts to complete discovery.

In the future, the parties may submit a stipulation and proposed order to continue the trial.  The stipulation must include a specific plan to complete discovery, including the dates of completing written discovery and the names of all deponents and dates of their depositions. 

The application is denied.