Judge: Cherol J. Nellon, Case: 20STCV25086, Date: 2023-04-19 Tentative Ruling

Case Number: 20STCV25086    Hearing Date: April 19, 2023    Dept: 28

Defendants Enterprise Rent-A-Car Company of Los Angeles, LLC and Stephanie Rye’s Motion to Continue Trial

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

BACKGROUND

On July 2, 2020, Plaintiff Matthew Braxton Cagle (“Plaintiff”) filed this action against Defendants Stephanie Rye (“Rye”), National Car Rental (“NCR”), EAN Holdings, LLC (“EAN”) and Enterprise Holdings, LLC (“EH”) for negligence. Plaintiff amended the complaint to include Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (“ERAC”).

On November 20, 2020, the Court dismissed EAN, NCR and EH, without prejudice, pursuant to Plaintiff’s request.

On November 30, 2020, Rye and ERAC filed an answer.

On April 6, 2023, Rye and ERAC (“Moving Defendants”) filed a Motion to Continue Trial to be heard on May 19, 2023. The motion was advanced to April 19, 2023. On April 12, 2023, Plaintiff filed an opposition. On April 12, 2023, Moving Defendants filed a reply.

Trial is currently scheduled for May 9, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court continue trial to at least October 1, 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

Moving Defendants request the Court continue trial so that Moving Defendants can complete discovery prior to trial. Moving Defendants’ expert psychiatrist is not available to conduct an IME of Plaintiff until June 13, 2023, after the current trial date. Moving Defendants have reached out to numerous other experts to see if there were any with earlier availability, but their current expert has the earliest available date. Moving Defendants also note they are awaiting discovery responses, to which Plaintiff argues they are not entitled to.

Plaintiff states he is willing to stipulate to not introducing evidence of mental health and emotional distress issues beyond those that could be normally attributed to the accident. Moving Defendants argue that, even with a stipulation, a psychiatric examination would still be warranted due to Plaintiff’s mental health history. Defendants argue that this leads to an alternative causation theory in which Plaintiff caused the action due to substance use, intent for self-harm, or some combination on the day of the accident.

The Court finds grounds to, at the very least, continue trial so that parties may be heard on motions discussing these issues; the Court will more accurately be able to issue rulings on the issue of the IME and of the discovery subpoenas at hearings on said motions. There are

additional discovery motions and IDCs on calendar for June and July. The Court grants the motion.

CONCLUSION

Defendants Enterprise Rent-A-Car Company of Los Angeles, LLC and Stephanie Rye’s Motion to Continue Trial is GRANTED. Trial is continued to October 19, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 5, 2023, 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.