Judge: Daniel M. Crowley, Case: 20STCV11854, Date: 2022-09-30 Tentative Ruling

Case Number: 20STCV11854    Hearing Date: September 30, 2022    Dept: 28

Plaintiff Armando Flores’s Motion to Continue Trial

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On March 24, 2020, Plaintiff Armando Flores (“Plaintiff”) filed this action against Defendant City of Montebello (“Defendant”) for dangerous condition of public property and trespass.

On May 26, 2020, Defendant filed an answer.

On September 6, 2022, Plaintiff filed a Motion to Continue Trial to be heard on September 30, 2022.

Trial is currently scheduled for December 16, 2022.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to June 2023, with all discovery and motion cut-off dates based on 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.” 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).

CRC 3.110(b) requires service of the complaint upon all named defendants within 60 days of filing the complaint with the court. The Court’s First Amended Standing Order re Personal Injury Procedures at the Spring Street Courthouse (effective February 24, 2020) provides that “The Court Sets the above trial and final status conference dates on the condition that plaintiff(s) effectuate service of defendant(s) of the summons and complaint within six months of filing the complaint.”

DISCUSSION

Plaintiff’s IME is scheduled for October 7, 2022; parties intend to have a mediation after the IME. Should mediation not be successful, parties will need some time to prepare for trial. Plaintiff’s counsel is taking January 2023 off for paternity leave. Parties will additionally need time depose witnesses that have yet to be deposed. The Court finds good cause and grants the motion.

CONCLUSION

Plaintiff Armando Flores’s Motion to Continue Trial is GRANTED. Trial is continued to May 15, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is May 1, 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.