Judge: Daniel M. Crowley, Case: 19STCV46599, Date: 2023-02-01 Tentative Ruling

Case Number: 19STCV46599    Hearing Date: February 1, 2023    Dept: 28

Defendants 99 Cents Only Stores LLC and Jerick Hacobian’s Motion to Continue Trial

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

BACKGROUND

On December 27, 2019, Plaintiff Stanley Waite (“Plaintiff”) filed this action against Defendants 99 Cents Only Stores LLC (“99 LLC”), 99 Cents Only Stores Laurel Canyon Inc. (“Laurel Canyon”) and Jerick Hacobian (“Hacobian”) for general negligence and premises liability. 

On December 2, 2020, 99 LLC filed an answer. On December 28, 2020, Hacobian filed an answer. 

On December 27, 2022, 99 LLC and Hacobian (“Moving Defendants”) filed a Motion to Continue Trial to be heard on February 1, 2023.

The trial date currently set for April 14, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court continue trial to October 13, 2023.

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

The Court continued the hearing on the upcoming motions to compel from January 17, 2023, to March 17, 2023, as the Court was closed for motions on the original date. The Court is willing to grant a short continuance of two months to offset the two-month continuance on the hearings. Moving Defendants have provided no information that would justify a longer continuance, citing only to the continued hearings.

CONCLUSION

Defendants 99 Cents Only Stores LLC and Jerick Hacobian’s Motion to Continue Trial is GRANTED. The trial date is continued to June 15, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for June 1, 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.