Judge: Cherol J. Nellon, Case: 21STCV14098, Date: 2023-05-17 Tentative Ruling

Case Number: 21STCV14098    Hearing Date: May 17, 2023    Dept: 28

Plaintiffs Metala Tuivaiti and Tautalaga Tuivaiti’s Motion to Continue Trial

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

BACKGROUND

On April 9, 2020, Plaintiff Metala Tuivaiti (“Metala”) filed this action against Defendant Ruben Miranda, III (“Miranda” or “Defendant”) for motor vehicle negligence, general negligence and intentional tort.

On May 27, 2020, Plaintiff filed the FAC, adding Plaintiff Tautalaga Tuivaiti (“Tautalaga”) and Defendants Progressive Group of Insurance (“Progressive”) and United Financial Casualty Company (“United”), as well as causes of action for declaratory relief.

On August 20, 2020, the Court dismissed United and Progressive, with prejudice, pursuant to Plaintiff’s request.

On July 29, 2021, Plaintiffs filed the SAC, adding United and Progressive again.

On October 13, 2021, Plaintiffs filed the TAC, removing United and Progressive.

On November 16, 2021, Defendant filed an answer.

On April 21, 2023, Plaintiffs filed a Motion to Continue Trial to be heard on May 17, 2023.

Trial is currently scheduled for June 5, 2023.

PARTY’S REQUESTS

Plaintiffs request the Court continue trial to January 2024.

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

Plaintiffs request the Court continue trial as parties have unfinished depositions that may need to be resolved after the upcoming hearing on the motion for summary judgment. The motion for summary judgment was originally scheduled for May 1, 2023—35 days before the current trial date. The motion for summary judgment was filed on February 14, 2023, indicating there was no delay caused on the hearing due to the Court’s calendar. The motion has since been continued to May 18, 2023, due to the Court’s calendar. The Court does not find good cause to grant a delay. Parties have had ample time to conduct depositions in this case. Parties chose to not file the MSJ until almost the last date it could be heard prior to trial and chose not to take depositions prior to this time. There is no explanation is offered as to why parties have yet to conduct Plaintiffs’ deposition, despite Defendant having first appeared in this case back in 2021. There is no evidence of good cause or a party's excused inability to obtain essential testimony or discovery.

The Court instead grants a short continuance to give parties the 35 days they would have had, following the motion for summary judgment, without the Court’s continuance of the motion.

CONCLUSION

Plaintiffs Metala Tuivaiti and Tautalaga Tuivaiti’s Motion to Continue Trial is GRANTED. Trial is continued to June 22, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 8, 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.