Judge: Cherol J. Nellon, Case: 20STCV08311, Date: 2023-04-18 Tentative Ruling

Case Number: 20STCV08311    Hearing Date: April 18, 2023    Dept: 28

Defendant 99 Cents Only Stores’s Motion to Continue Trial

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

BACKGROUND

On February 27, 2020, Plaintiff Dohana Pantaleon (“Plaintiff”) filed this action against Defendants 99 Cents Only Stores (“99c”) and Shandong Glassware (“SG”) for general negligence, products liability and premises liability. Plaintiff later amended the complaint to include Defendants Zibo OceanFar Internation Trade Co., LTD (“Zibo Trade”) and Zibo OceanFar Light Industry Products Co., LTD (“Zibo Light”).

On June 2, 2020, 99c filed its answer and Cross-Complaint against SG for breach of contract, express indemnity, implied indemnity, equitable indemnity, contribution and declaratory relief. 99c later amended the Cross-Complaint to include Cross-Defendants Zibo Trade, Zibo Light and Shandong Jusheng Glass Product Company Limited (“SJG”). On May 25, 2022, Zibo Light and Zibo Trade filed their answer to the Cross-Complaint.

On August 2, 2022, Zibo Trade and Zibo Light filed an answer. On November 14, 2022, SG filed an answer.

On March 22, 2023, 99c filed a Motion to Continue Trial set to be heard on April 18, 2023.

Trial is currently scheduled for May 15, 2023.

PARTY’S REQUESTS

99c requests the Court continue trial to February 26, 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
Zibo Light, Zibo Trade and SG were all served with and answered the complaint last year, subject to the requirements for service under the Hague Convention. 99c then served initial and additional discovery in order to ascertain the actual manufacturer of the subject product. On March 10, 2023, 99c learned that SJG is the manufacturer, and quickly amended the Cross-Complaint. SJG is also a Chinese corporation, and thus will be subject to the time-consuming service process required by the Hague Convention. After service, 99c will need additional time to prepare for trial by conducting discovery.

The Court finds good cause and grants the motion, given that 99c has only recently learned of the actual manufacturer relevant to this case. However, the Court notes that this is the 6th requested continuance in this case; the Court will keep this in mind when evaluating any future continuance requests.

CONCLUSION

Defendant 99 Cents Only Stores’s Motion to Continue Trial is GRANTED. Trial is continued to February 26, 2023, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to February 13, 2024, 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.