Judge: Daniel M. Crowley, Case: 20STCV04577, Date: 2022-12-22 Tentative Ruling

Case Number: 20STCV04577    Hearing Date: December 22, 2022    Dept: 28

Motion for Order to Continue Trial Date and All Related Dates and Deadlines

Having considered the moving papers, the Court rules as follows.  No opposing papers were filed. 

BACKGROUND 

            On February 4, 2020, Plaintiff Blanca Cruz (“Plaintiff”) filed a complaint against Defendant 99 Cents Only Stores, LLC (“Defendant”) alleging two causes of action: (1) general negligence; and (2) premises liability. The complaint arises from an alleged trip and fall incident.

            On July 16, 2020, Defendant filed an answer.

            On May 21, 2021, this Court continued the final status conference and trial dates to June 14, 2022, and June 29, 2022, respectively. (Order 05/21/2021.)

            On February 24, 2022, this Court continued the final status conference and trial dates to January 12, 2023, and January 26, 2023. (Order 02/23/2022.)

            On November 22, 2022, Defendant filed a motion for an order continuing the trial date, the final status conference date and all trial related discovery and motion cut-off dates.

Trial is set for January 26, 2023.

PARTY’S REQUESTS 

            Defendant requests a court order continuing the final status conference date scheduled for January 12, 2023 to June 12, 2023 and continuing the trial date scheduled for January 26, 2023 to June 26, 2023. Defendant also requests that all trial sensitive motion, discovery and expert discovery cut-off dates be based upon the new trial date.

LEGAL STANDARD 

 Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  Under California Rules of Court, rule 3.1332, subdivision (b), “[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.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

DISCUSSION 

            Defendant requests a court order continuing the final status conference date of January 12, 2023 to June 12, 2023 and continuing the trial date of January 26, 2023 to June 26, 2023. Defendant also requests continuing all trial related discovery and motion cut-off dates. The Court grants Defendant’s motion after finding that good cause exists.

            Defendant asserts that, unless relief sought by this motion is granted, the current FSC date of January 12, 2023 and the current trial date of January 26, 2023 will not allow the parties to accomplish the mediation that is scheduled for March 13, 2023. (Smith Decl. ¶ 4.) The mediation was rescheduled twice. (Id. ¶ 2.) Originally, the parties scheduled mediation for April 2022, but on the day of the mediation, Defendant was presented for the first time with evidence of Plaintiff’s March 2022 knee surgery. (Ibid.) As a result, the parties rescheduled mediation to October 21, 2022. (Id. ¶ 3.) However, on October 5, 2022, Plaintiff’s counsel revealed for the first time that Plaintiff has back surgery on August 9, 2022. (Ibid.)  Because of this new information, the parties rescheduled mediation to March 13, 2023 to allow Defendant time to subpoena the medical records. (Ibid.) Additionally, Defendant asserts that the previous two continuances of this proceeding “were not made necessary by any neglect or sloth on the part of the counsel, and were undertaken to accommodate the Mediation of this case.” (Id. ¶ 5.) Lastly, Defendant asserts that no party will be prejudiced by granting the motion but the parties will be prejudiced if it is not. (Ibid.)

            Based on the foregoing, the Court finds good cause to continue the dates of the trial, final status conference, and all related dates.  Therefore, the Court grants Defendant’s motion.

CONCLUSION 

            The Court GRANTS the motion.

            The Court orders the final status conference continued from  January 12, 2023 to July 14, 2023 at 10:00 AM in Department 28.  The trial is continued from January 26, 2023 to July 28, 2023, at 8:30 AM in Department 28. All related dates shall be based on the new trial date.

Defendant is ordered to give notice of this ruling. 

Defendant 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.