Judge: Cherol J. Nellon, Case: 21STCV43470, Date: 2023-04-04 Tentative Ruling

Case Number: 21STCV43470    Hearing Date: April 4, 2023    Dept: 28

Defendant MHX, LLC’s Motion to Continue Trial

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

BACKGROUND

On November 29, 2021, Plaintiff Brian Stevens (“Plaintiff”) filed this action against Defendants MHX, LLC (“MHX”) and Union Pacific Railroad Company (“UPRC”) for negligence and federal employer’s liability act.

On January 11, 2022, UPRC filed an answer.

On January 11, 2022, MHX filed an answer and a Cross-Complaint against Cross-Defendants ROES 1-100 for indemnity, equitable contribution and declaratory relief. MHX later amended the Cross-Complaint to include Cross-Defendant Advanced Steel Recovery, LLC (“ASR”).  On September 16, 2022, ASR filed an answer.

On June 29, 2022, Plaintiff filed the FAC, adding ASR as a defendant.

On August 26, 2022, ASR filed an answer.

On March 3, 2023, MHX filed a Motion to Continue Trial to be heard on April 4, 2023. On March 20, 2023, Plaintiff filed an opposition. On March 27, 2023, MHX filed a reply.

Trial is currently scheduled for May 30, 2023.

PARTY’S REQUESTS

MHX requests the Court continue trial to November 28, 2023.

Plaintiff requests the Court deny the motion.

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

MHX requests the Court continue the trial date on the basis that counsel is unavailable on the current trial date; counsel will be on a pre-paid vacation from May 15, 2023, to June 16, 2023. Additionally, MHX requests a continuance on the basis that Plaintiff is awaiting a medical report on his future work capacity, which will go to damages—this may require MHX obtain new experts and conduct additional discovery. The Court does not find good cause to grant a continuance on a potential for additional discovery or hiring of experts; MHX has not provided definitive evidence that indicates the need for additional discovery time. Should Plaintiff be unable to provide evidence of his current medical condition, the failure to meet that burden will fall on Plaintiff, not MHX.

The Court is willing to grant a short continuance to ensure trial counsel’s availability, given this was a pre-paid, pre-scheduled vacation.  

CONCLUSION

Defendant MHX, LLC’s Motion to Continue Trial is GRANTED. Trial is continued to July 24, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 10, 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.