Judge: Daniel M. Crowley, Case: 19STCV10729, Date: 2022-09-27 Tentative Ruling

Case Number: 19STCV10729    Hearing Date: September 27, 2022    Dept: 28

Plaintiff Jordan Nice’s Motion to Continue Trial

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

BACKGROUND

On March 28, 2019, Plaintiff Jordan Nice (“Plaintiff”) filed this action against Defendant Home Depot, U.S.A., Inc. (“Defendant”) for general negligence and premises liability.

On October 1, 2019, Defendant filed an answer.

On August 26, 2022, Plaintiff filed a Motion to Continue Trial to be heard on September 27, 2022. On September 14, 2022, Defendant filed a reply in support of the motion.

Trial is currently scheduled for October 19, 2022.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to July or August 2023.

Defendant requests the Court instead continue trial to September 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

Plaintiff has a motion to compel Defendant’s PMK deposition on calendar for November 3, 2022, after the current trial date. Plaintiff filed this motion in July, but unfortunately, due to the Court’s heavy caseload, was only available to be heard after the current trial date. Defendant similarly has a motion for protective order set for December. The Court finds there is good cause to grant a continuance.

CONCLUSION

Plaintiff Jordan Nice’s Motion to Continue Trial is GRANTED. Trial is continued to February 2, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is January 18, 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.

The hearing on Home Depot’s motion for a protective order is advanced to November 3, 2023, at 1:30 p.m. in Dept. 28, the same date and time as Plaintiff’s motion to compel. 

Plaintiff 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.