Judge Cherol J. Nellon, Case 20STCV18374 2023-04-07 Tentative Ruling

Judge: Cherol J. Nellon, Case: 20STCV18374, Date: 2023-04-07 Tentative Ruling

Case Number: 20STCV18374 Hearing Date: April 7, 2023 Dept: 28

Defendants GST Transport, Inc.’s Motion to Continue Trial

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

BACKGROUND

On May 14, 2020, Plaintiffs Adel Asknder (“Asknder”) and Mervat Gerges (“Gerges”) filed this action against Defendants GST Transport, Inc. (“GST”), FSI Transloading, Inc. (“FSI”), LB Dragon Property, LLC (“LB”), Land Dragon Properties Holdings, Inc. (“LDPH”), and Craig Shipyard property Company, LLC (“CSPC”) for premises liability, negligence and loss of consortium.

On November 25, 2020, GST filed an answer and a Cross-Complaint against Cross-Defendant FSI for equitable indemnity, partial indemnity, contribution and declaratory relief. On January 6, 2021, FSI filed an answer.

On December 4, 2020, LB and LDPH filed a Cross-Complaint against Cross-Defendant FSI for equitable indemnity, express indemnity, declaratory relief and indemnity. On January 6, 2021, FSI filed an answer.

On December 16, 2020, FSI filed an answer and a Cross-Complaint against Cross-Defendants ROES 1-50 for indemnity, apportionment of fault and declaratory relief. FSI later amended the CC to include Cross-Defendant Unified Protective Services, Inc. (“UPS”). On June 9, 2021, UPS filed an answer.

On May 10, 2021, the Court dismiss CSPC, without prejudice, pursuant to Plaintiffs’ request. On March 14, 2022, the Court dismiss Gerges’ causes of action, with prejudice, pursuant to Plaintiffs’ request. On January 19, 2023, LB and LDPH filed an answer.

On March 8, 2023, GST filed a Motion to Continue Trial to be heard on March 30, 2023. The Court continued the hearing on the motion to April 7, 2023. On March 17, 2023, Plaintiff filed an opposition. On March 23, 2023, GST filed a reply.

Trial is currently scheduled for June 22, 2023.

PARTY’S REQUESTS

GST requests the Court continue trial to at least April 2024.

Plaintiff requests the Court deny the continuance.

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

GST’s currently counsel was substituted in on February 2, 2023. GST argues that it needs additional time to conduct discovery and investigate facts and circumstances of the incident, as well as a potential MSJ. The Court first notes that the deadline to file a MSJ to be heard prior to the current trial date was March 9, 2023; this date has passed without GST filing said MSJ. Therefore, the Court will not grant a continuance based on any MSJ date. Although counsel has only recently substituted in, GST has been an active party to this action for approximately 2.5 years, and had more than enough time to evaluate for and submit a MSJ.

GST’s counsel is on vacation from May 16, 2023, to May 28, 2023, June 29 through July 9, 2023, December 1 through December 8, 2023, and December 22 through January 8, 2024. While the Court is usually willing to accommodate pre-scheduled and pre-paid vacations, the Court cannot accommodate 4 different vacation requests from a single attorney. It is an unreasonable burden on all other parties as well as the Court’s calendar. There have been two previous continuances and this case will be at least 3 years old prior to trial. The Court will not continue to grant lengthy, 9-month continuances given the age and history of this case.

GST provided little to no information as to the discovery that has yet to be completed, merely stating that new counsel desires additional time to develop facts, defenses and trial strategy, including expert discovery. GST is still awaiting information regarding previously conducted discovery to allow new counsel to continue to prepare. The Court finds grounds to grant a short continuance, to allow counsel time to collect necessary discovery. The MSJ deadline will not trail the new trial date.

CONCLUSION

Defendants GST Transport, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to July 24, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 10, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates, EXCEPT for the Motion for Summary Judgment deadline, are set to trail the new trial date. The Motion for Summary Judgment deadline is unchanged.

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.