Judge: Daniel M. Crowley, Case: 20STCV13187, Date: 2023-02-17 Tentative Ruling

Case Number: 20STCV13187    Hearing Date: February 17, 2023    Dept: 28

Defendant Lily Wong’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 December 30, 2022, Wong filed a Motion to Continue Trial to be heard on February 17, 2023.

Trial is currently scheduled for March 30, 2023.

PARTY’S REQUESTS

Wong requests the Court continue trial 120 days.

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

Wong requests the Court continue trial so that her MSJ may be heard prior to trial. Trial is scheduled for March 30, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by February 28, 2023. In order for the MSJ to be heard by that date, it needed to be served by December 15, 2022. The MSJ was filed on December 13, 2022, before the required date of service. The Court finds good cause and grants the motion. 

CONCLUSION

Defendant Lily Wong’s Motion to Continue Trial is GRANTED. Trial is continued to September 7, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is August 18, 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.