Judge: Cherol J. Nellon, Case: 20STCV20347, Date: 2023-04-04 Tentative Ruling

Case Number: 20STCV20347    Hearing Date: April 4, 2023    Dept: 28

All Parties’ Motion to Continue Trial

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

BACKGROUND

On May 29, 2020, Plaintiff John Ponce (“Plaintiff”) filed this action against Defendant City of Long Beach (“City”) for motor vehicle negligence.

On June 9, 2020, Plaintiff filed the FAC, changing the cause of action to premises liability.

On October 28, 2020, the City filed an answer.

On February 17, 2021, Plaintiff filed the SAC. Plaintiff later amended the complaint to include Defendants MVP Education, LLC (“MVP”).

On December 6, 2021, MVP filed an answer and a Cross-Complaint against Cross-Defendants ASM Global Theater Management, LLC (“ASM”) and Advanced Nutrients US LLC (“AN”) for breach of contract, equitable indemnification, comparative indemnification, declaratory relief, equitable apportionment of fault and contribution.

On January 4, 2022, MVP filed the FACC, adding Cross-Defendant EXPO Convention Contractors, Inc. (“EXPO”). On March 15, 2022, ASM filed an answer. On April 11, 2022, AN filed an answer. On May 20, 2022, EXPO filed an answer.

On April 12, 2022, ASM filed a Cross-Complaint against Cross Defendant MVP for implied contractual indemnity, total indemnity, equitable indemnity, express contractual indemnity, breach of written contract, contribution, apportionment, declaratory relief (duty to defend), declaratory relief (duty to indemnify) and declaratory relief (apportionment). ASM later amended the Cross-Complaint to include Cross-Defendant EXPO. On May 4, 2022, MVP filed an answer. On November 23, 2022, EXPO filed an answer.

On May 20, 2022, EXPO filed a Cross-Complaint against Cross-Defendants MOES 1-20 for total indemnity, implied partial indemnity, declaratory relief, equitable apportionment and express indemnity.

On March 10, 2023, all parties filed a Motion to Continue Trial to be heard on April 4, 2023.

Trial is currently scheduled for June 15, 2023.

PARTY’S REQUESTS

All parties request the Court continue trial to at least January 29, 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

Parties have stipulated to a continuance so that all MSJs may be heard prior to trial. ASM’s MSJ, set for November 3, 2023, is the only MSJ not set to be heard at least 30 days prior to trial. Although ASM has yet to file and serve their MSJ, all parties have agreed to the continuance. Additionally, Plaintiff’s IME is currently scheduled for April 6, 2023, the soonest available date for all parties following the December mediation. Parties will need time following the completion of the IME for the evaluating doctor to prepare a report, and for parties to review and evaluate said report.

The Court finds good cause and grants the continuance.

CONCLUSION

All Parties’ Motion to Continue Trial is GRANTED. Trial is continued to January 29, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is January 16, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates are set to trail 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.