Judge: Cherol J. Nellon, Case: 21STCV37437, Date: 2023-03-20 Tentative Ruling

Case Number: 21STCV37437    Hearing Date: March 20, 2023    Dept: 28

Defendants Villa HOA and Inveserve Corp.’s Motion to Continue Trial

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

BACKGROUND

On October 21, 2021, Plaintiff Louis Graciano (“Plaintiff”) filed this action against Defendant Villa HOA (“HOA”) for premises liability. Plaintiff later amended the complaint to include Defendant Inveserve Corp. (“Inveserve”).

On December 13, 2021, Defendants filed an answer.

On February 10, 2023, Defendants filed a Motion to Continue Trial to be heard on March 10, 2023. The Court continued the hearing on the motion to March 20, 2023.

Trial is currently scheduled for April 11, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to at least October 1, 2023, in order for their MSJ to be heard prior to trial.

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 so that their MSJ may be heard prior to trial. Trial is scheduled for April 11, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by March 12, 2023. In order for the MSJ to be heard by that date, it needed to be served by December 27, 2022. The MSJ was filed on December 23, 2022, before the required date of service. The Court finds good cause and grants the motion. 

CONCLUSION

Defendants Villa HOA and Inveserve Corp.’s Motion to Continue Trial is GRANTED. Trial is continued to October 6, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 25, 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.