Judge: Daniel M. Crowley, Case: 19STCV13750, Date: 2022-09-21 Tentative Ruling

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Case Number: 19STCV13750    Hearing Date: September 21, 2022    Dept: 28

Defendant Moy-Fincher-Chipps Surgery Center, Inc.’s Motion to Continue Trial

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

BACKGROUND

On April 22, 2019, Plaintiff Estate of Janice Weiner (“Estate”) filed this action against Defendants Ronald Moy (“Moy”) and Moy-Fincher-Chipps Surgery Center, Inc. (“MFC”) for general negligence.

On December 23, 2021, Plaintiffs Estate, Stacey Beth Fredlender (“Fredlender”) and Jodi Weiner (“Weiner”) filed the FAC against Defendants for medical malpractice. 

On August 16, 2022, MFC filed a Motion to Continue Trial to be heard on September 21, 2022. On September 7, 2022, Plaintiffs filed an opposition.

Trial is currently scheduled for October 26, 2022.

PARTY’S REQUESTS

MFC requests the Court grant a 30-day continuance.

Plaintiffs request the Court deny the motion.

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

On July 6, 2022, the Court re-set this matter for trial on October 26, 2022, following an inconclusive trial. Moy, an essential witness, had a pre-paid international business trip scheduled from October 22, 2022, to November 6, 2022, and then other surgeries out of state from November 13 to November 20, 2022.

Plaintiffs argue that Defendants made a similar argument when setting the previous trial, but the Court did not continue the trial—Moy was able to make that trial, regardless of his travel plans. Regardless, the Court finds there is good cause here. Moy had these plans prior to trial being set, and a small delay will not cause undue prejudice. The Court grants the motion.

CONCLUSION

Defendant Moy-Fincher-Chipps Surgery Center, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to November 21, 2022, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 7, 2022, at 10:30 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates remain based upon the October 26, 2022 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.