Judge: Cherol J. Nellon, Case: 19STCV42318, Date: 2023-04-24 Tentative Ruling

Case Number: 19STCV42318    Hearing Date: April 24, 2023    Dept: 28

Defendants Zihe Deng and Kingfisher Trading Co. Inc.’s Motion to Continue Trial

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

BACKGROUND

On January 21, 2019, Plaintiff Diane Schram (“Plaintiff”) filed this action against Defendants Zihe Deng (“Deng”) and Kingfisher Trading Co. Inc. (“KTC”) for motor vehicle negligence and general negligence.

On February 18, 2020, Defendants filed an answer.

On March 20, 2023, Defendants filed a Motion to Continue Trial set to be heard on April 24, 2023.

Trial is currently scheduled for June 8, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to September 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

Defendants request the Court grant a continuance so the Court may hear the motion to compel Plaintiff’s IME. Parties have met and conferred regarding the IME since December 2022, but have been unable to reach an agreement regarding the specifics of the exam. Defendants have scheduled the motion for June 22, 2023, after the current trial date. Defendants request a 3-month continuance to allow for the actual taking of Plaintiff’s IME, should the motion be granted. The Court finds good cause, given parties attempted to resolve issues outside of Court prior to filing the motion, and grants the motion.

CONCLUSION

Defendants Zihe Deng and Kingfisher Trading Co. Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to September 14, 2023, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to August 31, 2023, at 10:00 a.m.in Department 28 in the Spring Street Courthouse. All other trial related deadlines are now 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.