Judge: Daniel M. Crowley, Case: 19STCV30851, Date: 2022-09-08 Tentative Ruling

Case Number: 19STCV30851    Hearing Date: September 8, 2022    Dept: 28

Defendant C.R. England, Inc.’s Motion to Continue Trial

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

BACKGROUND

On August 28, 2019, Plaintiff George Padron (“Plaintiff”) filed this action against Defendant C.R. England, Inc. (“C.R.”), Walmart, Inc. (“Walmart”) and Randy Joe Butler (“Butler”) for negligence and ratification.

On May 17, 2021, C.R. filed an answer. On December 26, 2021, Walmart filed an answer. On November 5, 2021, Butler filed an answer. On January 3, 2022, the Court dismissed Walmart, without prejudice.

On August 11, 2022, C.R. filed a Motion to Continue Trial to be heard on September 8, 2022.

Trial is currently scheduled for December 7, 2022.

PARTY’S REQUESTS

C.R. requests the Court continue trial to April 28, 2023, and to have all relevant dates trail the new trial date. 

Parties have stipulated to this continuance.

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

Parties request the Court grant a continuance as parties have mediation scheduled after the current trial date, and, in case mediation fails, wish to have an adequate amount of time to prepare for trial. This is the first continuance in this case. As such, the Court will grant the motion.

CONCLUSION

Defendant C.R. England, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to July 25, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 11, 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.