Judge: Daniel M. Crowley, Case: 19STCV17414, Date: 2022-12-20 Tentative Ruling
Case Number: 19STCV17414 Hearing Date: December 20, 2022 Dept: 28
Defendants Joey Richard Alvarado and Trinity Worldwide Reprographics, Inc.’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On May 20, 2019, Plaintiff Rosa Ayala (“Plaintiff”) filed this action against Defendants Joey Richard Alvarado (“Alvarado”), Trinity Worldwide Reprographics, Inc. (“TWR”) and Trinity Graphics, Inc. (“TG”) for motor vehicle negligence.
On August 18, 2021, Alvarado filed an answer. On November 12, 2021, the Court dismissed TWR, without prejudice. Dismissal was later vacated.
On November 23, 2022, Moving Defendants TWR and Alvarado (“Moving Defendants”) filed a Motion to Continue Trial to be heard on December 20, 2022.
Trial is currently scheduled for February 1, 2023.
PARTY’S REQUESTS
Moving Defendants request the Court continue trial to February 1, 2024.
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
There is good cause to grant a trial continuance. Despite Moving Defendants attempts to conduct discovery, Plaintiff has failed to provide timely discovery responses. There are multiple upcoming Motions to Compel Discovery set to be heard around or immediately after the current trial date. Moving Defendants served discovery on Plaintiff on June 8, 2022, and have yet to receive responses. Once discovery responses are received, Moving Defendants will then need time to conduct depositions and an IME, as well as subpoena records.
The Court, however, does not see the need for a yearlong continuance at this point. The Court grants a shorter continuance that will allow parties ample time to complete discovery.
CONCLUSION
Defendants Joey Richard Alvarado and Trinity Worldwide Reprographics, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to October 18, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is October 4, 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.
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.