Judge: Cherol J. Nellon, Case: 19STCV10729, Date: 2023-03-21 Tentative Ruling

Case Number: 19STCV10729    Hearing Date: March 21, 2023    Dept: 28

Defendant Home Depot, U.S.A., Inc.’s Motion to Continue Trial

Having considered the moving and opposing papers, the Court rules as follows. 

BACKGROUND

On March 28, 2019, Plaintiff Jordan Nice (“Plaintiff”) filed this action against Defendant Home Depot, U.S.A., Inc. (“Defendant”) for general negligence and premises liability.

On October 1, 2019, Defendant filed an answer.

On February 23, 2023, Defendant filed a Motion to Continue Trial to be heard on March 21, 2023. On March 8, 2023, Plaintiff filed an opposition.

Trial is currently scheduled for July 25, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to mid-September of 2023.

Plaintiff requests the Court continue trial to December 6, 2023.

LEGAL STANDARD

CRC rule 3.1332(b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

Under CRC 3.1332(c), The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served. CRC 3.1332(d).

DISCUSSION

Parties met and conferred regarding open dates on their calendar based on counsel’s availability. Plaintiff’s counsel is unavailable during the end of July and beginning of August; Defendant’s counsel is unavailable during August and early September. However, parties have not mutually agreed to a new trial date. While Defendant requests mid-September, Plaintiff requests December 6, 2023. The Court cannot grant a five-month trial continuance merely based off unavailability of counsel, especially when counsel cannot agree to which dates are actually available. The Court denies the motion and orders parties to appear at the hearing to determine a date amenable to both parties.

CONCLUSION

Defendant Home Depot, U.S.A., Inc.’s Motion to Continue Trial is DENIED. Parties are ordered to appear at the hearing on this motion to be heard on the issue of the trial date.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.