Judge: Daniel M. Crowley, Case: 20STCV10279, Date: 2022-09-09 Tentative Ruling
Case Number: 20STCV10279 Hearing Date: September 9, 2022 Dept: 28
Defendant Kibron Asrat’s Motion to Continue Trial
Having considered the moving and supplemental papers, the Court rules as follows.
BACKGROUND
On March 12, 2020, Plaintiff David Smiley (“Plaintiff”) filed this action against Defendants Queen Arms Homeowners Association (“Queen”), Shawnda Thomas (“Shawnda”), Kibron Asrat (“Asrat”), Mac Bennett Enterprises, Inc. dba Intentional Realty & Investments (“Mac”) and Malcolm Bennett (“Bennett”) for general negligence and premises liability.
On November 17, 2020, Plaintiff filed the FAC, adding Defendant Steven Thomas (“Steven”).
On December 16, 2020, Queen and Mac filed answers and a Cross-Complaint against Cross-Defendant Steven for equitable indemnity, contribution and declaratory relief.
On December 30, 2020, Steven filed an answer. On March 18, 2021, Shawnda filed an answer. On March 24, 2021, the Court dismissed Bennett with prejudice, pursuant to Plaintiff’s request.
On August 10, 2022, Asrat filed a Motion to Continue Trial to be heard on September 9, 2022. On August 19, 2022, Queen and Mac filed a joinder. On September 1, 2022, Asrat filed a supplemental reply.
Trial is currently scheduled for October 17, 2022.
PARTY’S REQUESTS
Asrat requests the Court continue trial to no sooner than May 15, 2023.
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
Asrat requests the Court continue trial to provide adequate time for Asrat to complete discovery in order to prepare for his scheduled summary judgment motion, which is calendared for April 14, 2023. He did not obtain this date until August 4, 2022. Based on the current trial date of December 21, 2022, Asrat obtained a MSJ date prior to the 105-day cut off for a MSJ. As such, the Court finds there is good cause to grant a continuance.
Queen and Mac also noted that there has been difficulty in obtaining necessary discovery, including the depositions of Shawnda and Steven, preventing them from also properly preparing their MSJ.
CONCLUSION
Defendant Kibron Asrat’s Motion to Continue Trial is GRANTED. Trial is continued to July 25, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 11, 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.