Judge: Cherol J. Nellon, Case: 20STCV25568, Date: 2023-04-03 Tentative Ruling

Case Number: 20STCV25568    Hearing Date: April 3, 2023    Dept: 28

Defendants’ Motion to Continue Trial

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

BACKGROUND

On July 7, 2020, Plaintiff Eric Cottrell (“Plaintiff”) filed this action against Defendants Jose Castro (“Castro”), Caliber Bodyworks, Inc. (“Bodyworks”) and RCB Equities South Bay, LLC (“RCB”) for negligence and premises liability. Plaintiff later amended the complaint to include Defendants Emcor Facilities Services, Inc. (“Emcor”) and Caliber Holdings, LLC (“Holdings”).  

On September 3, 2020, Bodyworks and Castro filed an answer and a Cross-Complaint against ROES 1 through 500 for implied contractual indemnity, total indemnity, equitable indemnity, negligence and contribution.  

On December 2, 2020, RCB filed its answer and a Cross-Complaint against Bodyworks for equitable indemnity, express indemnity, apportionment of fault, breach of contract and declaratory relief.  

On November 10, 2021, Plaintiff dismissed Emcor, without prejudice. Holdings filed its answer on January 28, 2022.  

On April 22, 2022, Holdings, Bodyworks, Castro and RCB filed a Cross-Complaint against the Terminix International (“Terminix”) for express contractual indemnity, equitable indemnity, contribution, breach of contract, declaratory relief (duty to defend) and declaratory relief (duty to indemnify).  

On May 10, 2022, Holdings, Bodyworks, Castro and RCB filed a Cross-Complaint against the Terminix International for express contractual indemnity, equitable indemnity, contribution, breach of contract, declaratory relief (duty to defend) and declaratory relief (duty to indemnify).  This appears to be an earlier copy of the previously submitted Cross-Complaint.

On March 9, 2023, Defendants filed a Motion to Continue Trial to be heard on April 3, 2023. On March 21, 2023, Plaintiff filed an opposition. On March 24, 2023, Defendants filed a reply.

Trial is currently scheduled for May 10, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to at least 30 days after November 1, 2023.

Plaintiff requests the Court deny the motion.

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 so that their MSJs may be heard prior to trial. Trial is scheduled for May 10, 2023; in order for the MSJs to be heard prior to the current trial date, the MSJs must be heard by April 10, 2023. In order for the MSJs to be heard by that date, it needed to be served by January 25, 2023. The MSJs were filed on January 25, 2023, on the required date of service.

Plaintiff argues that Defendants have not diligently litigated this matter, as they have only conducted limited discovery. This is irrelevant to the Court’s decision; a party has a right to have a timely MSJ heard. Defendants’ MSJs are only set to not be heard prior to the trial date due to the Court’s own impacted calendar.

The Court finds good cause and grants the motion. 

CONCLUSION

Defendants’ Motion to Continue Trial is GRANTED. Trial is continued to December 6, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 22, 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.