Judge: Daniel M. Crowley, Case: 19STCV22543, Date: 2023-03-13 Tentative Ruling

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Case Number: 19STCV22543    Hearing Date: March 13, 2023    Dept: 28

Plaintiff Sylvia Lemberski’s Motion to Continue Trial

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

BACKGROUND

On June 27, 2019, Plaintiff Sylvia Lemberski (“Plaintiff”) filed this action against Defendant Stefan Rastocny (“Defendant”) for motor vehicle negligence and general negligence.

On March 4, 2020, Defendant filed an answer.

On February 14, 2023, Plaintiff filed a Motion to Continue Trial to be heard on March 13, 2023.

Trial is currently scheduled for June 2, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to September 18, 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’s counsel requests the Court continue trial based on the fact that Plaintiff’s counsel has undergone extensive hip surgery with a long recovery period, resulting in a delay in discovery and trial preparation. Additionally, parties have agreed to mediate this case on June 15, 2023, after the current trial date. All parties have stipulated to this request, indicating no party would be prejudiced by this continuance. The Court finds good cause and grants the motion.

CONCLUSION

Plaintiff Sylvia Lemberski’s Motion to Continue Trial is GRANTED. Trial is continued to September 18, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 5, 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.