Judge: Daniel M. Crowley, Case: 19STCV40216, Date: 2022-12-15 Tentative Ruling

Case Number: 19STCV40216    Hearing Date: December 15, 2022    Dept: 28

Emmanuel Hawks’s Motion to Continue Trial

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

BACKGROUND

On November 8, 2019, Plaintiffs Jonathan Mota Ariza (“Ariza”) and Veronica Contreras Martinez (“Martinez”) filed this action against Defendant Emmanuel Hawks (“Defendant”) for motor vehicle negligence. On April 8, 2021, Defendant filed his answer.

On November 14, 2022, Defendant filed a Motion to Continue Trial to be heard on December 15, 2022.

Trial is currently scheduled for January 13, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to May 12, 2023, or any date after, on the grounds that Defendant was unable to obtain essential discovery despite diligent efforts.

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.” 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

There exists good cause to continue trial. Plaintiffs’ depositions still need to be taken, as Plaintiff did not serve written discovery responses until August 3, 2022. Parties have since been working out agreeable dates for the depositions. An IME was recently held, but parties will need time to receive the doctor’s reports and conduct additional discovery. Additionally, Defendant’s counsel has another case scheduled for the same date. The Court will grant a short continuance.

CONCLUSION

Defendant Emanuel Hawks’s Motion to Continue Trial is GRANTED. The trial date is continued to May 16, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for May 2, 2023, at 10:00 a.m., at Department 28 in the Spring Street Courthouse. All pretrial dates are continued, based on 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.