Judge: Cherol J. Nellon, Case: 20STCV3949, Date: 2023-04-05 Tentative Ruling

Case Number: 20STCV3949    Hearing Date: April 5, 2023    Dept: 28

Defendant Westlake Properties, Inc.’s Motion to Continue Trial

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

BACKGROUND

On June 24, 2020, Plaintiff Anna Mezheritsky (“Plaintiff”) filed this action against Defendants Mary Durham (“Durham”) and Westlake Properties, Inc. (“WP”) for general negligence and premises liability.

On December 31, 2020, WP filed an answer and a Cross-Complaint against Cross-Defendant Durham for declaratory relief, equitable indemnity, express indemnity, implied indemnity and contribution. On March 28, 2022, Durham filed an answer.

On March 28, 2022, Durham filed a Cross-Complaint against Cross-Defendants ZOES 1-50 for equitable indemnity, contribution and declaratory relief.

On February 24, 2023, WP filed a Motion to Continue Trial to be heard on March 28, 2023. The Court continued the hearing on the motion to April 5, 2023.

Trial is currently scheduled for June 9, 2023.

PARTY’S REQUESTS

WP requests the Court continue trial to August 9, 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

WP requests the Court continue trial to allow for discovery to be completed, prior to trial. Discovery was delayed due to no fault of WP; Plaintiff’s IME was originally scheduled for August 2022 but was delayed after Plaintiff contracted COVID-19. Parties have rescheduled the examination for April 4, 2023. It will take approximately 30 days for the physician to complete his report, following the IME. Parties are also in the process of scheduling a mediation for May of 2023. Currently it is planned for May 1, 2023, but parties are still confirming their availability.

All parties have stipulated to a continuance, indicating there will be no prejudice. The Court finds good cause to grant a short continuance and grants the motion, setting a date based on the Court’s availability.

CONCLUSION

Defendant Westlake Properties, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to August 3, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 20, 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.