Judge: Daniel M. Crowley, Case: 19STCV14708, Date: 2022-09-08 Tentative Ruling

Case Number: 19STCV14708    Hearing Date: September 8, 2022    Dept: 28

Plaintiff Angel Geronimo’s Motion to Continue Trial

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

BACKGROUND

On April 26, 2019, Plaintiff Angel Geronimo (“Plaintiff”) filed this action against Defendants Kate Landau (“Landau”) and Amy Kimelman (“Kimelman”) for motor vehicle negligence and general negligence.

On July 8, 2021, Defendants filed an answer.

On August 16, 2022, Plaintiff filed a Motion to Continue Trial to be heard on September 8, 2022. On August 25, 2022, Defendants filed a notice of non-opposition.

Trial is currently scheduled for October 7, 2022.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to January 27, 2023, February 3, 2023, or February 10, 2023, and to have all relevant dates trail the new trial date.  In the alternative, Plaintiff stated they would appear at the hearing on this motion to pick an amenable date.

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 requests a continuance so that Plaintiff’s attorney can attend a family event and as discovery is still ongoing. Parties are still coordinating the second IME of Plaintiff and the deposition of Defendants, both of which are necessary to finish expert discovery. The Court finds there is good cause and grants the motion.

Plaintiff specifically requested 3 days for a continuance, all of which are currently unavailable on the Court’s calendar. Parties are ordered to appear at the hearing on this motion to select an alternative date.

CONCLUSION

Plaintiff Angel Geronimo’s Motion to Continue Trial is DENIED.  The Court's first available trial dates in 2023 is July 24, 2023.

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.