Judge: Cherol J. Nellon, Case: 21STCV41984, Date: 2023-04-06 Tentative Ruling

Case Number: 21STCV41984    Hearing Date: April 6, 2023    Dept: 28

Defendant Susan Denno’s Motion to Continue Trial

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

BACKGROUND

On November 15, 2021, Plaintiff Lori S. Mendoza (“Plaintiff”) filed this action against Defendant Susan Denno (“Defendant”) for general negligence.

On January 31, 2023, Defendant filed an answer.

On March 8, 2023, Defendants filed a Motion to Continue Trial to be heard on April 6, 2023. On March 15, 2023, Plaintiff filed a joinder.

Trial is currently scheduled for May 11, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to May 2024.

Plaintiff joins with this request.

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

Although this case was filed in November 2021, Defendant was not served until at least January 2023, resulting in a substantially shorter discovery period of only approximately 4 months. Discovery still needs to be completed prior to trial. Plaintiff has agreed to the requested continuance, indicating there will be no prejudice to either party. The Court finds good cause and grants a continuance; the Court will not grant a 1-year continuance at this time but is open to further continuance should parties be unable to complete discovery despite their due diligence.

CONCLUSION

Defendant Susan Denno’s Motion to Continue Trial is GRANTED. Trial is continued to January 29, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is January 16, 2024, 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.