Judge: Cherol J. Nellon, Case: 19STCV47006, Date: 2023-05-18 Tentative Ruling
Case Number: 19STCV47006 Hearing Date: May 18, 2023 Dept: 28
Defendants Miguel A. Alcaraz-Segobiano and Pacific West Space Communications, Inc’s Motion to Continue Trial
Having considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On December 31, 2019, Plaintiff Marian Courtney Ong Lopez (“Plaintiff”) filed this action against Defendants Miguel A. Alcaraz-Segobiano (“Alcaraz”) and Pacific West Space Communications, Inc. (“Pacific”) for motor vehicle and general negligence.
On May 7, 2021, Pacific filed an answer. On May 26, 2021, Alcaraz filed an answer.
On April 25, 2023, Defendants filed an amended answer.
On April 12, 2023, Defendants filed a Motion to Continue Trial to be heard on May 18, 2023. On May 4, 2023, Plaintiff filed an opposition. On May 11, 2023, Defendants filed a reply.
Trial is currently scheduled for August 21, 2023.
PARTY’S REQUESTS
Defendants request the Court continue trial to at least September 4, 2024.
Plaintiff requests the Court continue trial to only February 2024.
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 continue trial as Defendants’ counsel is currently pregnant with an estimated due date of October 6, 2023. Her medical maternity is planned to begin late August 2023 and go through February 2023. According to Defendants, due to counsel’s medical leave, she may be unavailable for the trial date and “will not have returned for expert discovery and depositions.” The Court disagrees on the second point—all expert discovery and depositions should be either complete or almost completed by ‘late August’ given that trial is scheduled for August 21, 2023. More relevantly, the Court cannot continue trial an entire year in this case due to counsel’s medical leave as it is quickly approaching the five-year statute, under CCP § 583.310. Defendants have not indicated that there are no other attorneys available to oversee this case or trial at counsel’s firm. The Court does not find good cause and denies the motion.
CONCLUSION
Defendants Miguel A. Alcaraz-Segobiano and Pacific West Space Communications, Inc’s Motion to Continue Trial is DENIED.
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.