Judge: Cherol J. Nellon, Case: 21STCV39510, Date: 2023-04-03 Tentative Ruling

Case Number: 21STCV39510    Hearing Date: April 3, 2023    Dept: 28

Defendants Brayan Catarino Chavez Quiroz and Martin Ortiz’s Motion to Continue Trial

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

BACKGROUND

On October 27, 2021, Plaintiffs Cynthia Finley (“Cynthia”) and Grace Finley (“Grace”) filed this action against Defendants Brayan Catarino Chavez Quiroz (“Quiroz”) and Martin Ortiz (“Ortiz”) for general negligence.

On March 14, 2022, Defendants filed an answer.

On March 15, 2023, Defendants filed a Motion to Continue Trial to be heard on April 3, 2023.

Trial is currently scheduled for April 26, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial or advance the hearing dates to allow the motions to be heard prior to the trial date.

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 reserved hearings for Motion to Compel Discovery for May 4, 2023, the earliest available hearing date; this is after the scheduled trial date of April 26, 2023. All discovery motions must be heard at least 15 days prior to trial, under CCP § 2024.020; this would require the motion be heard by April 11, at the latest. Under CCP § 1005, moving papers must be filed and served at least 16 court days before the hearing, or by March 17, 2023, for this case. Although Defendants have reserved the hearing dates, Defendants have not filed the motions with the Court; the Court is unaware if Defendants have served the moving papers on Plaintiff at this time.

The Court does not find good cause to grant the continuance. Defendants have not filed and served a timely discovery motion that only will not be heard prior to trial due to the Court’s own calendar. Defendants also provided no information as to why discovery has yet to be completed that would indicate there is any excused inability to obtain discovery, despite diligent efforts. Defendants have failed to show a basis for the continuance. The Court denies the motion.

CONCLUSION

Defendants Brayan Catarino Chavez Quiroz and Martin Ortiz’s Motion to Continue Trial is DENIED.

              Counsel for Plaintiff is ordered to give notice of this ruling.

Counsel for Plaintiff 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.