Judge: Cherol J. Nellon, Case: 21STCV03750, Date: 2023-05-15 Tentative Ruling

Case Number: 21STCV03750    Hearing Date: May 15, 2023    Dept: 28

Defendant ATF Private Security, Inc.’s Motion to Continue Trial

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

BACKGROUND

On January 29, 2021, Plaintiff Ahmed Chowdhury (“Plaintiff”) filed this action against Defendants ATF Private Security, Inc., a California corporation, (“ATF”) and Brandon Edward Smith (“Smith”) for assault, battery, intentional infliction of emotional distress, and negligence. Plaintiff filed the First Amended Complaint on March 5, 2021,

On March 19, 2021, ATF filed its answer to the FAC, as well as Cross-Complaint against Cross-Defendants Roes 1 through 10 for implied contractual indemnity, total indemnity, express contractual indemnity, equitable indemnity, declaratory relief. ATF later amended the Cross-Complaint to include Cross-Defendant Smith.

Plaintiff filed the Second Amended Complaint on May 4, 2021. ATF filed its answer to the SAC on June 3, 2021.

On April 21, ATF filed a Motion to Continue Trial to be heard on May 15, 2023.

Trial is currently scheduled for July 6, 2023.

PARTY’S REQUESTS

ATF requests the Court continue trial to October 4, 2023.

All parties have agreed to this continuance.

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

Parties request the Court continue trial as discovery, including independent witness depositions, further written discovery, independent medical examinations, treatment providers depositions and expert discovery, is still ongoing.

The Court has previously granted two continues to allow for discovery—the Court is unaware why a majority of this discovery is still uncompleted. Plaintiff’s IME is scheduled for June 2023, 3 weeks prior to the current trial date. However, the expert will need time to prepare a report prior to trial. Other than that, parties can only generally refer to difficulties in serving Smith and taking the depositions of treatment providers; the Court cannot indefinitely continue trial based on undated discovery requests. The Court will grant a short continuance, in order to ensure parties have enough time to prepare for trial based on Plaintiff’s IME.

CONCLUSION

Defendant ATF Private Security, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to August 18, 2023, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to August 4, 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.