Judge: Cherol J. Nellon, Case: 21STCV13947, Date: 2023-04-03 Tentative Ruling

Case Number: 21STCV13947    Hearing Date: April 3, 2023    Dept: 28

Plaintiff Particia Avila’s Motion to Continue Trial

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

BACKGROUND

On April 13, 2021, Plaintiff Particia Avila (“Plaintiff”) filed this action against Defendant Chris Brown (“Brown”) for premises liability, negligent infliction of emotional distress and strict liability.

On February 16, 2022, Plaintiff filed the FAC, changing strict liability to negligence, and adding Defendant Black Pyramid, LLC (“BP”).

On May 23, 2022, Defendants filed an answer.

On March 6, 2023, Plaintiff filed a Motion to Continue Trial to be heard on April 4, 2023. On March 20, 2023, Defendants filed a notice of non-opposition.

Trial is currently scheduled for May 4, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to November 2023.

Defendants do not oppose the motion.

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

Plaintiff requests the Court continue trial so that parties may complete discovery prior to trial. Plaintiff timely served discovery in January of 2022; due to delays from Defendants, further discovery responses were not served until January 2023, despite Plaintiff filing timely motions to compel. There is a pending motion to compel further responses set for after the current trial date. Additionally, there is a motion to compel IME set for less than two weeks before the trial date.

Many of the delays are due to Defendants’ change in counsel necessitating a multiple-month delay in conducting discovery, including the deposition of Defendants. Defendants do not oppose the motion, indicating there is no prejudice to Defendants should the Court grant the motion. The Court finds good cause and grants the motion.

CONCLUSION

Plaintiff Particia Avila’s Motion to Continue Trial is GRANTED. Trial is continued to November 2, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 19, 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.