Judge: Cherol J. Nellon, Case: 21STCV16121, Date: 2023-05-15 Tentative Ruling

Case Number: 21STCV16121    Hearing Date: May 15, 2023    Dept: 28

Defendants Goldenvoice, LLC, AEG Presents, LLC and APEX Security Group, Inc.’s Motion to Continue Trial

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

BACKGROUND

On April 28, 2021, Plaintiff Joshua Olaoniye (“Plaintiff”) filed this action against Defendants Goldenvoice, LLC (“Goldenvoice”), AEG Presents, LLC (“AEG”) and APEX Security Group, Inc. (“APEX”) for negligence and battery.

On October 31, 2022, Plaintiff filed the FAC, adding a cause of action for false imprisonment.

On March 16, 2023, APEX filed an answer.

On March 30, 2023, Defendants filed a Motion to Continue Trial to be heard on April 27, 2023. The Court continued the hearing on the motion to April 27, 2023.

Trial is currently scheduled for June 30, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to October 30, 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 the trial as discovery is still ongoing. Plaintiff has yet to respond to any written discovery request. Plaintiff’s deposition has yet to be scheduled, as parties were awaiting discovery responses prior to conduct the deposition. The Court grants the motion, as Defendants have been unable to complete discovery, despite their due diligence. However, the Court notes that Defendants have yet to file motions to compel discovery. The Court will not grant additional continuances if Defendants fail to file applicable motions as necessary to ensure timely discovery.

CONCLUSION

Defendants Goldenvoice, LLC, AEG Presents, LLC and APEX Security Group, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to October 30, 2023, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to October 16, 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.