Judge: Daniel M. Crowley, Case: 19STCV28986, Date: 2022-08-11 Tentative Ruling

Case Number: 19STCV28986    Hearing Date: August 11, 2022    Dept: 28

Defendant Cody Ferguson’s Motion to Continue Trial

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

BACKGROUND

On August 16, 2019, Plaintiff Nikhil Admal (“Plaintiff”) filed this action against Defendant Cody Ferguson (“Defendant”) for negligence. On March 26, 2021, Defendant filed his answer.

On July 11, 2022, Defendant filed a Motion to Continue Trial to be heard on August 11, 2022.

Trial is currently scheduled for September 22, 2022.

PARTY’S REQUESTS

Defendant requests the Court continues trial to at least 90 days after October 27, 2022.

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

Defendant has multiple discovery motions set to be heard after the currently scheduled trial date of September 22, 2022, including a motion to compel Plaintiff’s deposition and to compel discovery responses. Defendant timely filed these motions, but due to the Court’s calendar could not obtain a date prior to trial. As such, there is good cause due to Defendant's inability to obtain essential discovery due to no fault of Defendant’s own. Defendant will be prejudiced should the Court not grant a continuance, and there has only been one previous continuance. As such, the Court grants the motion.

CONCLUSION

Defendant Cody Ferguson’s Motion to Continue Trial is GRANTED. The trial date is continued to January 9, 2023, at 8:30 a.m. in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to

December 27, 2022, at 10:00 a.m. in Department 28 in the Spring Street Courthouse. All applicable dates now 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.