Judge: Cherol J. Nellon, Case: 20STCV35085, Date: 2023-05-19 Tentative Ruling

Case Number: 20STCV35085    Hearing Date: May 19, 2023    Dept: 28

Plaintiffs Raymond Szymanski and Edward Cummings’ Motion to Continue Trial

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

BACKGROUND

On September 14, 2020, Plaintiffs Raymond Szymanski (“Szymanski”) and Edward Cummings (“Cummings”) filed this action against Defendants Benjamine Hernandez (“Hernandez”) and Herc Rentals, Inc. (“Herc”) for motor vehicle and general negligence.

On November 9, 2020, Defendant filed an answer.

On April 25, 2023, Plaintiffs filed a Motion to Continue Trial to be heard on May 19, 2023.

Trial is currently scheduled for June 20, 2023.

PARTY’S REQUESTS

Plaintiffs request the Court continue trial to February 12, 2024.

Parties stipulated to this request.

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

Plaintiffs request the Court continue trial as Plaintiffs are unavailable for trial. Cummings is terminally ill and was recently referred to hospice care. Szymanski is Cummings’ stepfather and wishes to spend time caring for Cummings and their family during this time. Plaintiffs are unsure how long Plaintiffs will be unavailable but understand it will at least severely impact their ability in the coming months. All parties have stipulated to this request and met and conferred to find a new date that works for Plaintiffs, Plaintiffs’ counsel and Defendants’ counsel. The Court finds good cause and grants the continuance.

CONCLUSION

Plaintiffs Raymond Szymanski and Edward Cummings’ Motion to Continue Trial is GRANTED. Trial is continued to February 9, 2024, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to January 26, 2024, at 10:00 a.m.in Department 28 in the Spring Street Courthouse. All other trial related deadlines are now based on 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.