Judge: Daniel M. Crowley, Case: 20STCV05710, Date: 2022-10-25 Tentative Ruling

Case Number: 20STCV05710    Hearing Date: October 25, 2022    Dept: 28

Motion to Continue Trial, Final Status Conference, and All Related Trial Dates

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

BACKGROUND

            On February 14, 2020, Plaintiff Dong H. Lee (Plaintiff) filed his Complaint against Defendants, including Keck Medicine of USC and Keck Hospital of USC, erroneously sued as Keck Medical Center of USC (Defendants) in connection with a February 14, 2019, surgical procedure.

All parties stipulated to a continuance of the current February 15, 2023, trial date, the current February 1, 2023, Final Status Conference, and all dates, including all trial-related discovery and expert discovery to correspond with the new trial date.  (Stockalper Decl. ¶ 5; Exh. B.) A stipulation was signed by counsel for all parties and filed on September 12, 2022, which was rejected by the Court because a noticed motion was needed. 

            Trial is set for February 15, 2023.

PARTY’S REQUESTS

Defendants move for an order continuing trial from February 15, 2023 to August 11, 20223, or a date which is otherwise convenient for the Court; the Final Status Conference from February 1, 2023 to July 28, 2023, or a date which is otherwise convenient for the Court; and all related dates.

LEGAL STANDARD

            A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered.  (Cal. Rules of Court, Rule 3.1332(b).)  The request for continuance may be granted on an affirmative showing of good cause.  (Cal. Rules of Court, Rule 3.1332.) 

The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial. (See generally, Cal. Rules of Court, rule 3.1332, subd. (d)(1)-(11).)  Additionally, factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; the proximity of the trial date; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application. (Cal. Rules of Court, rule 3.1332(c), (d).) 

DISCUSSION

            This is the first request to continue the trial date.  Defendants claim the parties have been diligently proceeding in the work up of this matter and cooperating in the discovery and litigation process.  On September 12, 2022, all parties jointly stipulated to continue trial from February 15, 2023 to August 11, 2023.  Defendants argue the length of continuance requested is reasonable because of the parties’ continuing discovery efforts, including the taking of depositions.  Defendants claim the continuance will not prejudice any part and that it is reasonable and necessary to permit the additional discovery required.  Defense counsel requests that the Court avoid scheduling the trial during the last two weeks of June 2023 due to a pre-planned vacation.

            The Court finds there is good cause to continue the current trial date to allow for continued discovery efforts.  The unopposed Motion to continue trial is GRANTED.  The current trial date of February 1, 2023 is advanced to this date and continued to August 11, 2023 at 8:30 a.m. in Department 28.  The current final status conference date of February 1, 2023 is advanced to this date and continued to July 28, 2023 at 10:00 a.m. in Department 28.  All discovery and motion deadlines are continued to reflect the new trial date. 

CONCLUSION

            The motion for an Order for Trial Continuance is GRANTED.

            Defendants are ordered to give notice of this ruling.

Defendants are 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.