Judge: Daniel M. Crowley, Case: 20STCV13233, Date: 2023-02-03 Tentative Ruling

Case Number: 20STCV13233    Hearing Date: February 3, 2023    Dept: 28

Defendants Gavin Dodd and Susan Chen’s Motion to Continue Trial

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

BACKGROUND

On April 3, 2020, Plaintiff Craig Abell-Champion (“Plaintiff”) filed this action against Defendants Gavin Dodd (“Dodd”) and Susan Chen (“Chen”) for motor vehicle negligence.

On July 10, 2020, Defendants filed an answer.

On December 20, 2022, Defendants filed a Motion to Continue Trial to be heard on February 3, 2023.

Trial is currently scheduled for February 10, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to June 13, 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

 Plaintiff had surgery on the areas of alleged injury in February of 2022; this resulted in Plaintiff’s IME being delayed allowing proper time for Plaintiff to heal prior to the exam. The exam was scheduled for December 20, 2022, after the previously agreed upon date of December 7, 2022, for mediation. Parties wished to complete discovery prior to mediation and thus moved mediation to March 17, 2023.

The Court finds good cause to grant a short continuance so that parties may engage in mediation without worrying about preparing for trial concurrently. The Court grants the motion.

CONCLUSION

Defendants Gavin Dodd and Susan Chen’s Motion to Continue Trial is GRANTED. Trial is continued to June 15, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 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.

The parties are directed to the header of this tentative ruling for further instructions.