Judge: Daniel M. Crowley, Case: 19STCV05693, Date: 2022-10-13 Tentative Ruling

Case Number: 19STCV05693    Hearing Date: October 13, 2022    Dept: 28

Plaintiff Isabel Maquina’s Motion to Continue Trial

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

BACKGROUND

On February 19, 2019, Plaintiff Isabel Marquina (“Plaintiff”) filed this action against Defendants Quiet Cannon Montebello Inc. (“Quiet”) and Maverick Hospitality Group Inc. (“Maverick”) for premises liability.

On March 22, 2021, Defendants filed an answer.

On September 19, 2022, Plaintiff filed a Motion to Continue Trial to be heard on October 13, 2022.

Trial is currently scheduled for November 28, 2022.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to June 16, 2023. Parties have stipulated to the continuance.

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

Parties have agreed to go mediation with mediator Peter Searle. They reserved the first available mediation date, March 29, 2023. Parties have stipulated to a brief continuance of the trial date in order to allow parties to mediate. The Court finds good cause and grants the continuance.

CONCLUSION

While the Court favors mediation, the Court is not inclined to continue an over 3.5-year-old case 7 months.  The Court suggests the parties consider another mediator, or otherwise work to resolve the case.

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.