Judge Armen Tamzarian, Case Number: 23STCV22910, Date: 2024-11-13 Tentative Ruling

Judge: Armen Tamzarian, Case: 23STCV22910, Date: 2024-11-13 Tentative Ruling

Case Number: 23STCV22910 Hearing Date: November 13, 2024 Dept: 52

Defendants ABF Freight System, Inc. and Bob Hopkins’s Motion to Continue the Trial Date and All Related Deadlines

Defendants ABF Freight System, Inc. and Bob Hopkins move to continue the trial from March to June 2025. “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).) “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 do not show good cause to continue the trial. They do not show diligent efforts to complete discovery. The record indicates that defendants have not conducted any discovery since beginning (but not completing) plaintiff’s deposition on April 29, 2024. (Vicente Decl., ¶ 6.)

California Rules of Court, rule 3.714(b) provides that the trial court should manage its unlimited cases so that 85 percent are disposed within 18 months. On January 29, 2024, the court scheduled the trial for this case on March 12, 2025, about 18 months after the complaint was filed in September 2023. In setting the trial date, the court considered the factors set forth in California Rules of Court, rule 3.729.

Moreover, even if defendants showed good cause to continue the trial, they show no basis to extend the discovery cutoff. They seek to continue the trial to give them more time to complete discovery before moving for summary judgment—which must be done months before the discovery cutoff.

The parties did, however, stipulate to continue the trial. (Vicente Decl., Ex. A.) Code of Civil Procedure section 595.2 provides, “In all cases, the court shall postpone a trial, or the hearing of any motion or demurrer, for a period not to exceed thirty (30) days, when all attorneys of record of parties who have appeared in the action agree in writing to such postponement.” The court will exercise its discretion to continue the trial by three months.

Defendants ABF Freight Systems, Inc. and Bob Hopkins’s motion to continue trial is granted in part. The court hereby continues the final status conference from February 24, 2025, to May 26, 2025, at 9:00 a.m. The court hereby continues the jury trial from March 12, 2025, to June 11, 2025, at 10:00 a.m. The court does not continue any pretrial discovery deadlines. All discovery deadlines shall remain based on the initial trial date of March 12, 2025.