Judge: Daniel M. Crowley, Case: 19STCV28276, Date: 2023-03-15 Tentative Ruling

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Case Number: 19STCV28276    Hearing Date: March 15, 2023    Dept: 28

Defendant Marissa Dannaway’s Motion to Continue Trial

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

BACKGROUND

On August 9, 2019, Plaintiff Sandy Brown (“Plaintiff”) filed this action against Defendant Marissa Dannaway (“Defendant”) for negligence.

On March 1, 2021, Defendant filed an answer.

On February 9, 2023, Defendant filed a Motion to Continue Trial to be heard on March 15, 2023.

Trial is currently scheduled for April 10, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to October 23, 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

During Plaintiff’s deposition, during the summer of 2022, Plaintiff testified she had various symptoms and injuries relating to a traumatic brain injury. Plaintiff’s deposition was taken in two parts and was completed on August 15, 2022. Defendant’s counsel did not attempt to schedule a neuropsychological examination until January 2023; Plaintiff never responded to Defendant’s request. After weeks of no response, Defendant scheduled a hearing date on a Motion to Compel Mental IME for May 12, 2023, the first available date. Given that this is after the current trial date, the Court is willing to grant a short continuance. However, the Court is lost as to why there was a 5-month delay from learning of the alleged injuries and attempting to schedule an IME; no reason was provided for this failure to timely conduct discovery. Given the age of this case and counsel’s failure to pursue discovery diligently, the Court will grant a shorter continuance.

CONCLUSION

Defendant Marissa Dannaway’s Motion to Continue Trial is GRANTED. Trial is continued to September 11, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is August 29, 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.