Judge: Armen Tamzarian, Case: 22STCV13106, Date: 2023-07-10 Tentative Ruling

Case Number: 22STCV13106    Hearing Date: April 8, 2024    Dept: 52

Defendants’ Motion to Continue Trial

            Defendants move to continue the trial of this action by 6 months.  “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).)

            Defendants show good cause to continue the trial.  The parties have had numerous discovery disputes.  These disputes have interfered with trial preparation by all parties.  The court will continue the trial by three months.

            Plaintiff Maureen Martinez filed a partial opposition stating she does not oppose a continuance provided that (a) the court continues the hearing on defendants’ motion for summary adjudication, and (b) defendants stipulate to extend the mandatory five-year deadline to bring the action to trial.  The court finds that continuing the hearing on the motion for summary adjudication is appropriate.  The court will make no order regarding the deadline to bring the action to trial. 

Disposition

            Defendants’ motion to continue trial is granted in part. 

The court hereby continues the hearing on defendants’ motion for summary adjudication from June 10, 2024, to September 13, 2024, at 9:00 a.m.  The court hereby continues the final status conference from August 12, 2024, to November 18, 2024, at 9:00 a.m.  The court hereby continues the jury trial from August 28, 2024, to December 4, 2024, at 10:00 a.m.  All pretrial deadlines are continued to follow the new trial date.