Judge: Cherol J. Nellon, Case: 23STCV02252, Date: 2024-11-29 Tentative Ruling

Case Number: 23STCV02252    Hearing Date: November 29, 2024    Dept: 14

#10

Case Background

This is an action for defamation, libel, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, and unfair business practices. Plaintiff alleges that Defendant posted a false and defamatory statement on FreightGuard Report discouraging shippers from using Plaintiff’s services.

On February 1, 2023, Plaintiff Plentitude Transportation, Inc. filed its Complaint against S&S Brokerage, Inc.

On September 20, 2024, Plaintiff filed this motion to continue trial.

On October 10, 2024, Defendant filed a notice of joinder to the motion to continue trial.

Instant Pleading

Plaintiff moves to continue trial by 90 days.

Decision

Plaintiff’s motion to continue trial is GRANTED. Trial is continued to _____. Trial related deadlines are to track with the new trial date.

Discussion

Plaintiff alleges good cause exists for a continuance of trial because the parties require more time to complete discovery and participate in settlement discussions. Plaintiff’s counsel alleges that written discovery was delayed in part because the parties could not participate in IDC until July 2024 due to unavailability in the Court’s calendar. (Kashfian Decl., ¶¶5-7.) As a result, Plaintiff propounded additional written discovery in September 2024 which Defendant has not responded to. (Id., ¶12.) Neither party has taken depositions. (Id., ¶14.) Finally, the parties have not participated in settlement discussions. (Id., ¶18.)

The Court finds that the parties have not completed significant discovery. Additionally, the parties require more time to engage in settlement discussions. Because the parties would not be prepared for trial without a continuance, it would be in the interests of justice to continue trial. The 90-day continuance requested is reasonable. Therefore, Plaintiff’s motion to continue trial is GRANTED.

Conclusion

Plaintiff’s motion to continue trial is GRANTED. Trial is continued to August 4, 2025 and FSC to July 24, 2025. Trial related deadlines are to track with the new trial date.