Judge: Cherol J. Nellon, Case: 20STCV42518, Date: 2023-04-03 Tentative Ruling

Case Number: 20STCV42518    Hearing Date: April 3, 2023    Dept: 28

Defendants Webcor Constructions, L.P. and Next Century Partners, L.L.C.’s Motion to Continue Trial

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

BACKGROUND

On November 5, 2020, Plaintiff Jeanette Lopez (“Plaintiff”) filed this action against Defendants Webcor Constructions, L.P. (“Webcor”) and Woodridge Capital Partners, L.L.C. (“Woodridge”) for negligence, premises liability and product defects.

On November 10, 2020, Plaintiff filed the FAC. Plaintiff later amended the complaint to include Defendants Next Century Partners, L.L.C. (“NCP”), Largo Concrete, Inc. (“Largo”) and Rosendin Electric Inc. (“Rosendin”).

On December 18, 2020, Webcor filed an answer and a Cross-Complaint against Cross-Defendants Roes 1-20 for implied indemnity, equitable indemnity, comparative negligence and contribution, negligence and declaratory relief.

On April 5, 2021, Woodridge filed an answer. On November 24, 2021, Woodridge was dismissed, with prejudice, pursuant to Plaintiff’s request.

On May 14, 2021, NCP filed an answer and a Cross-Complaint against Cross-Defendant Roes 1-20 for implied indemnity, equitable indemnity, comparative negligence and contribution, negligence and declaratory relief.

On June 29, 2022, Largo filed an answer.

On August 3, 2022, Plaintiff filed the SAC. Plaintiff later amended the complaint to include Defendant Standard Drywall, Inc. (“Standard”).

On August 16, 2022, Webcor, NCP, Largo and Rosendin filed an answer.

On March 1, 2023, Webcor and NCP (“Moving Defendants”) filed a Motion to Continue Trial to be heard on March 28, 2023. The Court continued the hearing on the motion to April 3, 2023.

Trial is currently scheduled for June 7, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court continue trial to October of 2023 and to schedule both MSJs to be heard on July 25, 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 NCP’s MSJ may be heard prior to trial. Trial is scheduled for June 7, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by May 5, 2023. In order for the MSJ to be heard by that date, it needed to be served by February 19, 2023. The MSJ was filed on February 15, 2023, before the required date of service. The Court finds good cause and grants the motion. 

Parties request the Court also continue the hearing on Webcor’s MSJ to be heard concurrently, as the MSJs share the same issues, facts, occurrence and counsels of record. The Court finds it is in the interest of judicial economy to hear these concurrently and grants the motion.

CONCLUSION

Defendants Webcor Constructions, L.P. and Next Century Partners, L.L.C.’s Motion to Continue Trial is GRANTED. Trial is continued to October 20, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 6, 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.

The hearing on Webcor’s MSJ is continued to July 25, 2023, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.

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.