Judge: Cherol J. Nellon, Case: 21STCV40783, Date: 2023-10-03 Tentative Ruling

Case Number: 21STCV40783    Hearing Date: March 25, 2024    Dept: 14

Bodan v Kan

Case Background

Plaintiff alleges that smoke fumes from her neighbors are permeating her apartment.

On July 25, 2022, Plaintiff filed her Second Amended Complaint (“SAC”) for (1) Breach of Implied Warranty of Habitability; (2) Nuisance; (3) Negligence; (4) Breach of the Covenant of Quiet Enjoyment; and (5) Covid-19 Retaliation against Defendant KAN Investment Limited, LLC (“KAN”).

On December 5, 2022, Defendant KAN filed its Answer.

On July 28, 2023, this court granted summary adjudication in favor of Defendant KAN as to the fifth cause of action.

            Jury trial is currently set for March 25, 2024.

Instant Motion

Plaintiff now moves this court for an order continuing the trial to November of 2024.

Decision

The motion is GRANTED, in part. Trial is continued to October 21, 2024, at 9:00 am. Final Status Conference is set for October 9, 2024, at 10:00 am. All counsel and unrepresented parties are to appear IN PERSON at the Final Status Conference. All discovery-related deadlines will track the new date, as well as the deadlines for motions in limine and the preparation of trial documents.

Discussion

            California Rules of Court Rule 3.1332(a) provides that trial dates are to be treated as firm. However, Rule 3.1332(c) provides that, although continuances are “disfavored,” requests should be considered on an individual basis. That subsection also includes a non-exhaustive list of possible grounds for a continuance.

            Plaintiff brings her motion on four bases (1) that she is unavailable because she is ill and starting a new job, (2) that she wishes to retain counsel, (3) that she has been unable to obtain witness testimony and evidence, and (4) that the parties are engaged in another lawsuit which is interfering with this one.

            Getting a new job is not a basis for a trial continuance; so long as Plaintiff remains self-represented counsel, she is expected to balance the demands of her life and this case as counsel would. For that same reason, the mere existence of another case is not a ground for continuance. Last, the mere prospect of obtaining counsel is not a proper basis for continuing a case which is already two years old.

            However, Plaintiff’s medical issues, specifically her need for eye surgery as detailed in the motion, are a proper basis for a continuance. Those issues have rendered Plaintiff unable to properly close out the case, locate witnesses, and prepare for trial.

            Furthermore, this court is presently engaged in trial on a case that is older than this one. The court also has older cases set throughout the coming months. The best chance that the court and parties have to get this case tried with minimal friction is to set it out into October of this year, when there is only one older case in the entire month.

Conclusion

            Because Plaintiff has urgent medical issues to address, and because this court is already engaged in trial, the motion is GRANTED, in part. Trial is continued to October 21, 2024, at 9:00 am. Final Status Conference is set for October 9, 2024, at 10:00 am. All counsel and unrepresented parties are to appear IN PERSON at the Final Status Conference. All discovery-related deadlines will track the new date, as well as the deadlines for motions in limine and the preparation of trial documents.