Judge: Cherol J. Nellon, Case: 19STCV40216, Date: 2023-05-23 Tentative Ruling
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Case Number: 19STCV40216 Hearing Date: May 23, 2023 Dept: 28
Emmanuel Hawks’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On November 8, 2019, Plaintiffs Jonathan Mota Ariza (“Ariza”) and Veronica Contreras Martinez (“Martinez”) filed this action against Defendant Emmanuel Hawks (“Defendant”) for motor vehicle negligence. On April 8, 2021, Defendant filed his answer.
On March 22, 2023, Defendant filed a Motion to Continue Trial to be heard on April 27, 2023. The Court continued the hearing on the motion to May 23, 2023.
Trial is currently scheduled for June 13, 2023.
PARTY’S REQUESTS
Defendant requests the Court continue trial to August 15, 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.” 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
Defendant has an upcoming motion to compel a third party’s compliance with a subpoena duces tecum set for June 12, 2023—one day before the current trial date. Defendant requests a short continuance so that the Court may rule on the motion, and, if granted, the third party can produce the requested records. As revealed in Plaintiffs’ December 2022 depositions, Plaintiffs’ cell-phone records may be relevant to Defendant’s defense in this case. Defendant attempted to serve the subpoena for records in December—the third party objected to the subpoena in February. Defendant then took steps to reserve a motion date to pursue this information otherwise.
Defendant has attempted to diligently pursue this discovery over the last six months but has been delayed by third-party's delayed objection and the Court’s own impacted calendar. The Court finds good cause and grants the motion.
CONCLUSION
Defendant Emanuel Hawks’s Motion to Continue Trial is GRANTED. The trial date is continued to August 15, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for August 1, 2023, at 10:00 a.m., at Department 28 in the Spring Street Courthouse. All pretrial dates are continued, based on the new 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.