Judge: Daniel M. Crowley, Case: 20STCV13187, Date: 2022-09-22 Tentative Ruling

Case Number: 20STCV13187    Hearing Date: September 22, 2022    Dept: 28

Plaintiff Hunter Freberg’s Motion to Continue Trial

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

BACKGROUND

On April 3, 2020, Plaintiff Hunter Freberg (“Plaintiff”) filed this action against Defendants Lily Wong (“Wong”) Joseph Martin Salon (“Salon”), Joseph Kendall (“Kendall”) and Martin Fassnidge (“Fassnidge”) for general negligence.

On April 24, 2020, Plaintiff filed the FAC, adding Defendant JosephMartin Hair and Beauty, Inc. (“JM”).

On June 16, 2020, Wong filed an answer and a Cross-Complaint against Cross-Defendants Roes 1-50 for implied indemnity, equitable indemnity, total equitable indemnity and declaratory relief.

On July 30, 2020, Kendall, Fassnidge and JM filed an answer and a Cross-Complaint against Cross-Defendant Wong for total indemnity, implied partial indemnity, declaratory relief, and equitable apportionment. On August 19, 2020, Wong filed an answer.

On August 19, 2022, Plaintiff filed a Motion to Continue Trial to be heard on September 22, 2022.

Trial is currently scheduled for October 18, 2022.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to March 20, 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

Parties intend to participate in a mediation scheduled for January 6, 2023, and have Plaintiff undergo a defense medical examination scheduled for October 27, 2022. Parties attempted to schedule this exam earlier, but Plaintiff unfortunately fell very ill prior to that exam. As such, the Court finds good cause and grants the motion.

CONCLUSION

Plaintiff Hunter Freberg’s Motion to Continue Trial is GRANTED. Trial is continued to March 30, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is March 16, 2023, at 10:30 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.