Judge: Daniel M. Crowley, Case: 20STCV05764, Date: 2022-08-16 Tentative Ruling
Case Number: 20STCV05764 Hearing Date: August 16, 2022 Dept: 28
Defendant Ermias Tesema and Tri-City Transporation Systems, Inc.’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On February 13, 2020, Plaintiff Dean Persampier (“Plaintiff”) filed this action against Defendants Ermias Tesema (“Tesema”) and Tri-City Transporation Systems, Inc. (“TTS”) for negligence.
On December 2, 2020, Tesema filed an answer. On August 4, 2021, TTS filed an answer.
On July 26, 2022, Defendants filed a Motion to Continue Trial to be heard on August 17, 2022.
Trial is currently scheduled for September 28, 2022.
PARTY’S REQUESTS
Defendants request the Court continue trial to either late January 2023 or February 2023, and to have all relevant dates trail the new trial date.
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 request a continuance on the basis that Defendants are unable to reach Tesema to discuss the case or confirm his appearance for trial. He both is relevant as a party and as a witness for TTS. While the inability to contact a client without excusable circumstance is generally not good cause, given that the other Defendant in this case also relies upon Tesema’s testimony and appearance, the Court finds this to be a compelling reason to continue trial. Additionally, Plaintiff is schedule to have a relevant surgery sometime in July 2022, which will necessitate time for treatment records and time to depose the treating physicians. Defendants are still awaiting medical records and have recently served subpoenas to obtain missing billing records. This would only be the second continuance in this case. As such, the Court finds there is good cause to continue trial and grants the motion.
CONCLUSION
Defendant Ermias Tesema and Tri-City Transporation Systems, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to June 14, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is May 31, 2023, at 10:30 p.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates track 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.