Judge: Daniel M. Crowley, Case: 19STCV32472, Date: 2022-10-11 Tentative Ruling

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Case Number: 19STCV32472    Hearing Date: October 11, 2022    Dept: 28

Defendant Kenneth V. Porter and Intervenor AMCO Insurance Company’s Motion to Continue Trial

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

BACKGROUND

On September 12, 2019, Plaintiff David Creig Vandyke (“Plaintiff”) filed this action against Defendants Anschultz Entertainment Group, Inc. (“AEG”) and Women’s Expo Management, Inc. (“WEM”) for premises liability. Plaintiff later amended the complaint to include Defendants Kenneth V. Porter (“Porter”) and Conference Services International, LLC (“CSI”).

On November 27, 2019, AEG filed an answer and a Cross-Complaint against Cross-Defendant Roes 1-20 for express indemnification, implied indemnity/equitable indemnification, equitable contribution and declaratory relief.

On December 13, 2019, WEM filed an answer and a Cross Complaint against Cross-Defendant CSI for total indemnity, equitable indemnity, declaratory relief, express written indemnity and breach of contract and negligence. WEM later amended the Cross-Complaint to include Cross-Defendant Porter. On March 18, 2022, Intervenor AMCO Insurance Company (“Intervenor”) filed a Response in Intervention on behalf of CSI.

On July 2, 2021, Porter filed an answer.

On September 15, 2022, Porter and Intervenor (“Moving Parties”) filed a Motion to Continue Trial to be heard on October 11, 2022.

Trial is currently scheduled for December 16, 2022.

PARTY’S REQUESTS

Moving Parties request the Court continue trial 120 days from the current trial date.

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

Moving Defendants request a short continuance on the basis that there is still discovery to be conducted and that parties have a mediation scheduled for December 20, 2022. Additionally, one of the handling attorneys’ wives recently fell and broke her hip, requiring surgery; counsel is serving as her primary caretaker, and will need to care for her out of state for at least three months. The Court finds good cause and grants the requested continuance.

CONCLUSION

Defendant Kenneth V. Porter and Intervenor AMCO Insurance Company’s Motion to Continue Trial is GRANTED. Trial is continued to February 27, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is February 14, 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.