Judge: Cherol J. Nellon, Case: 22STCV01681, Date: 2023-05-22 Tentative Ruling

Case Number: 22STCV01681    Hearing Date: May 22, 2023    Dept: 28

Defendants Justin Lamb and Murray Plumbing and Heating Corporation’s Motion to Continue Trial

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

BACKGROUND

On January 14, 2022, Plaintiff Clay Kirksey (“Plaintiff”) filed this action against Defendants Justin Lamb (“Lamb”), Murray Company (“MC”) and Murray Plumbing and Heating Corporation (“MPHC”) for motor vehicle.

On April 26, 2023, Defendants filed an answer.

On April 18, 2023, Defendants filed a Motion to Continue Trial to be heard on May 22, 2023.

Trial is currently scheduled for July 14, 2023.

PARTY’S REQUESTS

Defendant request the Court continue trial to July 2024.

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

While the complaint was initially filed in January 2022, Plaintiff did not serve Defendants until late March and early April 2023. Defendants filed a prompt answer. However, due to this delay in service, parties will be unable to complete discovery prior to the current trial date. The Court finds good cause and grants a continuance to allow parties ample time to prepare for trial. The Court will initially grant a shorter continuance—if parties need additional time due to an excused inability to complete discovery, the Court is willing to grant additional continuances at a later date.

CONCLUSION

Defendants Justin Lamb and Murray Plumbing and Heating Corporation’s Motion to Continue Trial is GRANTED. Trial is continued to January 18, 2024, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to January 4, 2024, at 10:00 a.m.in Department 28 in the Spring Street Courthouse. All other trial related deadlines are now based on 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.