Judge: Cherol J. Nellon, Case: 21STCV43491, Date: 2023-04-06 Tentative Ruling

Case Number: 21STCV43491    Hearing Date: April 6, 2023    Dept: 28

Defendant Joshua Hills Harrison’s Motion to Continue Trial

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

BACKGROUND

On November 29, 2021, Plaintiff Jesus Adrian Carrizoza (“Plaintiff”) filed this action against Defendant Joshua Hills Harrison (“Defendant”) for negligence.

On December 1, 2022, Defendant filed an answer.

On March 2, 2023, Defendant filed a Motion to Continue Trial to be heard on April 6, 2023.

Trial is currently scheduled for May 30, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to November 29, 2023.

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 November 2022, resulting in a substantially shorter discovery period of only approximately 6 months. Discovery still needs to be completed prior to trial; parties have yet to take Plaintiff’s deposition due to a delayed objection to the deposition notice and a failure from Plaintiff to provide available dates. Without this deposition, Defendant’s further discovery cannot proceed. The Court finds good cause and grants the continuance.

CONCLUSION

Defendant Joshua Hills Harrison’s Motion to Continue Trial is GRANTED. Trial is continued to November 29, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 15, 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.