Judge: Armen Tamzarian, Case: 22STCV21065, Date: 2024-08-01 Tentative Ruling

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Case Number: 22STCV21065    Hearing Date: August 1, 2024    Dept: 52

Plaintiff Leo Angel Martinez’s Motion to Continue Trial and Pretrial Deadlines

Plaintiff Leo Angel Martinez moves to continue the trial and all related pretrial deadlines.  “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.”  (Cal. Rules of Court, rule 3.1332(a).)  “The court may grant a continuance only on an affirmative showing of good cause requiring” it.  (Rule 3.1332(c).) 

Plaintiff moves to continue the trial to complete additional discovery, including defendant’s deposition.  Plaintiff does not show he made diligent efforts to conduct discovery and prepare for trial.  “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).)  The failure of the parties and their counsel to diligently prepare for trial is not good cause to continue the trial.  (People v. Grant (1988) 45 Cal.3d 829, 844; Kuhland v. Sedgwick (1860) 17 Cal. 123, 128.)   

Plaintiff filed this action in June 2022.  Defendant Global Aviation Management Group Corp. first appeared in the action on September 30, 2022.  Plaintiff had ample time to complete discovery and prepare for trial.  Despite plaintiff’s lack of diligence, the court will continue the trial on its own motion.

Plaintiff Leo Angel Martinez’s motion to continue trial and pretrial deadlines is denied. 

On its own motion, the court hereby continues the final status conference from August 19, 2024, to February 3, 2025, at 9:00 a.m.  The court hereby continues the non-jury trial from September 4, 2024, to February 19, 2025, at 10:00 a.m.  The court hereby continues all pretrial deadlines that have not already passed to follow the new trial date.