Judge: Daniel M. Crowley, Case: 19STCV33168, Date: 2023-03-13 Tentative Ruling

Case Number: 19STCV33168    Hearing Date: March 13, 2023    Dept: 28

Defendant Jhovany Rojas’s Motion to Continue Trial

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

BACKGROUND

On September 18, 2019, Plaintiff Ceasar Pallares (“Plaintiff”) filed this action against Defendants Maria Salgado (“Salgado”), Jade Moreno (“Moreno”), Jhovany Rojas (“Rojas”), Enterprise Truck Rental, Inc. (“Enterprise”) for motor vehicle negligence. 

On June 29, 2021, Salgado and Moreno filed an answer. On June 30, 2021, Rojas filed an answer.  On December 21, 2022, Rojas filed an amended answer.

On February 14, 2023, Rojas filed a Motion to Continue Trial to be heard on March 13, 2023.

Trial is currently scheduled for April 13, 2023.

PARTY’S REQUESTS

Rojas requests the Court continue trial to allow the MSJ to be heard at least 30 days prior to trial.

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

Rojas requests the Court continue trial to allow his MSJ may be heard prior to trial. Trial is scheduled for April 13, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by March 14, 2023. For the MSJ to be heard by that date, it needed to be served by December 29, 2022. The MSJ was filed on March 9, 2023, far after the required date of service. The motion for a continuance was also filed far after the service, approximately 1.5 months late.

The Court denies the motion. Rojas needed to file either a timely request for a continuance prior to the MSJ service date, should Rojas have needed more time to prepare such a motion, or needed to serve a timely MSJ despite the delayed hearing date. As Rojas failed to make timely requests, the Court finds there is not good cause to grant a continuance.

CONCLUSION

Defendant Jhovany Rojas’s Motion to Continue Trial is DENIED.

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.