Judge: Cherol J. Nellon, Case: 21STCV08744, Date: 2023-05-19 Tentative Ruling
Case Number: 21STCV08744 Hearing Date: May 19, 2023 Dept: 28
Defendants’ Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On March 5, 2021, Plaintiff Donald Leslie Hollis (“Plaintiff”) filed this action against Defendants Randall Unthank (“Randall”), Johanna Unthank (“Johanna”) and Multi Pack Corporation (“MPC”) for personal injury. Plaintiff later amended the complaint to include Defendant Abel Lopez (“Lopez”).
On March 26, 2021, Randall, Johanna and MPC filed an answer. On June 15, 2021, Lopez filed an answer.
On June 15, 2021, Defendants filed a Cross-Complaint against Cross-Defendants DOES 1 to 50 for contribution, declaratory relief, indemnity and equitable apportionment.
On April 25, 2023, Defendants filed a Motion to Continue Trial to be heard on May 19, 2023.
Trial is currently scheduled for June 30, 2023.
PARTY’S REQUESTS
Defendant request the Court continue trial to October 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
Defendants request the Court continue trial to allow parties time to complete discovery. Plaintiff alleges, that as a result of the subject incident, Plaintiff suffered from fractured metatarsals in his right foot, cellulitis, bilateral knee pain, CRPS, scarring, depression and lower back pain. Plaintiff appeared for an IME with a pain management physician to evaluate the CRPS claim; Defendants requested Plaintiff also appear for an IME with an orthopedic surgeon. Plaintiff’s counsel has refused to cooperate regarding the second IME, and Defendants may be forced to file a motion to seek the requested relief. The IME can, at the earliest, be set for August 8, 2023. Plaintiff has also disclosed additional providers and consulting experts with regards to Plaintiff’s injuries, requiring further investigation prior to trial.
The Court is willing to grant a short continuance to allow Defendants time to evaluate the new medical information. However, Defendants should file motion work if necessary to ensure discovery is completed in a timely fashion—if Plaintiff refuses to agree to the additional IME, Defendants need to file a motion to compel to evaluate the merits of the IME. The Court grants the motion.
CONCLUSION
Defendants’ Motion to Continue Trial is GRANTED. Trial is continued to November 21, 2023, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status
Conference is continued to November 7, 2023, 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.