Judge: Daniel M. Crowley, Case: 19STCV46658, Date: 2023-03-09 Tentative Ruling

Case Number: 19STCV46658    Hearing Date: March 9, 2023    Dept: 28

Defendant Junichi Hokkaido’s Motion to Continue Trial

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

BACKGROUND

On December 27, 2019, Plaintiff Adolfo Dominguez (“Plaintiff”) filed this action against Defendants Junichi Hokkaido (“Hokkaido”), Alamo Rent-a-Car, LLC (“RAC”) and Alamo Rental (US) LLC (“Rental”) for negligence.

On July 14, 2021, RAC filed an answer. On October 12, 2021, Rental was dismissed, without prejudice. On November 12, 2021, Hokkaido filed an answer. On June 10, 2022, the Court dismissed RAC, without prejudice.

On February 6, 2023, Hokkaido filed a Motion to Continue Trial to be heard on March 9, 2023.

Trial is currently scheduled for April 14, 2023.

PARTY’S REQUESTS

Hokkaido requests the Court continue trial to June 16, 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,” 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 have agreed to mediate this case; mediation is scheduled for April 14, 2023, which is the current trial date. Additionally, parties are attempting to schedule Plaintiff’s IME, but will not be able to schedule it before the current trial date. The Court finds good cause and grants the motion.

CONCLUSION

Defendant Junichi Hokkaido’s Motion to Continue Trial is GRANTED. Trial is continued to June 16, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 2, 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.