Judge: Cherol J. Nellon, Case: 20STCV31327, Date: 2023-08-03 Tentative Ruling

Case Number: 20STCV31327    Hearing Date: October 26, 2023    Dept: 14

Instant Motion

            Plaintiff now moves this court for an order continuing the trial to early 2024.

Decision

            The motion is DENIED.

Discussion

California Rules of Court Rule 3.1332(a) provides that trial dates are to be treated as firm. However, Rule 3.1332(c) provides that, although continuances are “disfavored,” requests should be considered on an individual basis. That subsection also includes a non-exhaustive list of possible grounds for a continuance.

            Defendants make their motion under the auspices of Rule 3.1332(c)(1), (6), and (7). Rule 3.1332(c)(1) provides for a continuance if an essential witness, is unavailable due to “death, illness, or other excusable circumstances.” Rule 3.1332(c)(6) provides for a continuance if a party has an “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” Rule 3.1332(c)(7) provides for a continuance if there is a “significant, unanticipated change in the status of the case.” None of these rules apply to this situation.

            There is no showing that any witness will be unavailable for trial. There is no showing that there was a significant event in this case which was in any way unusual. Nor can the parties’ failure to complete discovery be properly “excused,” any more than their efforts can be described as “diligent.” 

            When this motion was filed, the trial date was September 18, 2023, and the parties had a mediation session reserved for October 19, 2023. For reasons arising from the court’s own needs, the trial date has since been re-scheduled to November 20, 2023, and the mediation date is now passed. There is no reason for any further continuance.

Conclusion

            There is no good cause for a continuance here. The motion is DENIED.