Judge: Cherol J. Nellon, Case: 22STCV10358, Date: 2023-10-25 Tentative Ruling

Case Number: 22STCV10358    Hearing Date: October 25, 2023    Dept: 14

Instant Motion

Defendants Hospital and Jong now move this court for an order continuing trial for 60-90 days.

Decision

            The motion is DENIED.

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.

            Defense bases their motion on the fact that counsel is representing a different client in a hearing before an administrative body, which is set to commence on December 11, 2023.  This is not a sufficient reason for a continuance. This case is set for trial on December 4, 2023. Should this case go to trial on that date, counsel will be engaged here. Should this case not proceed to trial on that date, counsel will be free to become engaged in the other proceeding.       

Conclusion

            An obligation to appear in a different proceeding at a later date is not a sufficient basis to continue this proceeding. Therefore, the motion is DENIED.