Judge: Daniel M. Crowley, Case: 20STCV01875, Date: 2023-01-18 Tentative Ruling

Case Number: 20STCV01875    Hearing Date: January 18, 2023    Dept: 28

Plaintiff Ruben Chavez’s Motion to Continue Trial

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

BACKGROUND

On January 15, 2020, Plaintiff Ruben Chavez (“Plaintiff”) filed this action against Defendants Sysco Corporation (“Sysco”), Sysco Los Angeles, Inc. (“Sysco LA”) and Eduardo Arvide (“Arvide”) for motor vehicle negligence and general negligence.

On February 24, 2020, Sysco LA and Arvide filed an answer.

On December 20, 2022, Plaintiff filed a Motion to Continue Trial to be heard on January 18, 2023.

Trial is currently scheduled for March 17, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to August 14, 2023, or any date after.

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. Plaintiff is receiving ongoing medical care from injuries alleging stemming from the incident in question and is still awaiting records regarding that treatment. Parties have mediation scheduled for immediately before the current trial date, and both parties agree mediation will be most successful should parties not have to balance mediation with expert discovery. Parties have agreed to a trial continuance. The Court grants the motion.

CONCLUSION

Plaintiff Ruben Chavez’s Motion to Continue Trial is GRANTED. The trial date is continued to August 18, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for August 4, 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.