Judge: Daniel M. Crowley, Case: 20STCV04107, Date: 2022-09-09 Tentative Ruling
Case Number: 20STCV04107 Hearing Date: September 9, 2022 Dept: 28
Defendants Brown Strauss, Inc. and Archie Lee Gardener, III’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On January 31, 2020, Plaintiff Walter Carroll (“Plaintiff”) filed this action against Defendants Brown Strauss, Inc. (“Brown”) and Archie Lee Gardner, III (“Gardner”) for negligence.
On March 16, 2020, Brown filed an answer. On March 25, 2020, Gardener filed an answer.
On August 15, 2022, Defendants filed a Motion to Continue Trial to be heard on September 9, 2022.
Trial is currently scheduled for October 17, 2022.
PARTY’S REQUESTS
Defendants request the Court continue trial at least four to six months.
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
Defendants are still awaiting the receipt of Plaintiff’s medical recorders from providers as these providers were only identified in Plaintiff’s deposition. Additionally, Plaintiff has yet to serve code-complaint responses to discovery served on May 10, 2022—parties are currently in the process of obtaining further responses. Finally, Defendants have been unable to conduct the deposition of Plaintiff’s employer to verify his employment information prior to the subject incident, which is relevant given Plaintiff’s loss of earnings claims. Defendants have diligently attempted to complete discovery. As such, the Court finds good cause to grant a shorter continuance than requested.
Parties also subsequently submitted a stipulation to continue trial, which was rejected, but reflects that all parties are not opposed to a reasonable continuance. The Court does note that this is the third requested continuance and does not intend to grant another.
CONCLUSION
Defendants Brown Strauss, Inc. and Archie Lee Gardener, III’s Motion to Continue Trial is GRANTED. Trial is continued to January 12, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is Jan 5, 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.