Judge: Daniel M. Crowley, Case: 19STCV25734, Date: 2022-08-31 Tentative Ruling

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Case Number: 19STCV25734    Hearing Date: August 31, 2022    Dept: 28

Defendants Reading for Education, LLC and ASD.com’s Motion to Continue Trial

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

BACKGROUND

On July 23, 2019, Plaintiff A.M., a minor by and through her guardian ad litem, Steven Bronson (“Plaintiff”) filed this action against Defendants Watch Club Inc. (“Watch Club”), Reading for Education, LLC (“Reading”), and ASD.com, Inc. (“ASD”) for strict products liability and negligence. On October 23, 2020, Plaintiff filed the First Amended Complaint

On May 26, 2021, Reading and ASD filed their answer. On June 7, 2021, Watch Club filed its answer. 

On August 23, 2022, Plaintiff filed a Conditional Notice of Settlement of Entire Case.

On July 14, 2022, Reading and ASD (“Moving Defendants”) filed a Motion to Continue Trial to be heard on August 9, 2022. The Court continued the hearing on the motion to August 31, 2022.

Trial is currently set for October 7, 2022.

PARTY’S REQUESTS

Moving Defendants request the Court continue trial to April 3, 2023, to allow time to schedule the depositions and IMEs.

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).

CCP § 437c requires a Motion for Summary Judgment be made any time after 60 days have elapsed since the general appearance in the action. The motion shall be heard no later than 30 days before trial, unless the Court, for good cause, orders otherwise. Parties must serve notice of the motion and all supporting papers at least 75 days before the time appointed for hearing.  

DISCUSSION

The Court does not find there is good cause to grant a 6-month continuance. Moving Defendants state that time is needed for relevant depositions, all of which are scheduled for before the current discovery date. The only potentially unscheduled piece of discovery is Plaintiff’s IME. However, the Court notes that there was recently a notice of conditional settlement of the entire case filed, with a dismissal date of December 16, 2022. The Court will grant a short continuance, moving trial to after the dismissal date, so that parties can focus on performing the conditions of the settlement.

CONCLUSION

Defendants Reading for Education, LLC and ASD.com’s Motion to Continue Trial is GRANTED. Trial is continued to January 4, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is December 21, 2022, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All dates or deadlines are continued to trail the new trial. 

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.