Judge: Daniel M. Crowley, Case: 20STCV13378, Date: 2023-03-16 Tentative Ruling

Case Number: 20STCV13378    Hearing Date: March 16, 2023    Dept: 28

Defendant Sang Nguyen’s Motion to Continue Trial

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

BACKGROUND

On April 6, 2020, Plaintiffs Ruben Arreola (“Arreola”) and Ruben Jr. Arreola (“Arreola Jr.”) filed this action against Defendants Green Messengers, Inc. (“GM”) and Sang Nguyen (“Nguyen”) for negligence, negligence per se, and statutory liability.

Nguyen filed an answer on October 13, 2020.  On February 8, 2022, GM filed an answer.

On February 14, 2023, Nguyen filed a Motion to Continue Trial to be heard on March 16, 2023. On March 7, 2023, Plaintiffs filed an opposition.

Trial is currently scheduled for May 11, 2023.

PARTY’S REQUESTS

Nguyen requests the Court continue trial to October 10, 2023.

Plaintiff requests trial be continued to February 2024.

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

Nguyen filed an answer on October 13, 2020. Since then, Nguyen has attempted to schedule Plaintiffs’ depositions, finally sending a meet and confer letter on November 17, 2022. After Plaintiffs did not respond for approximately two months, Nguyen filed Motions to Compel Plaintiffs’ Depositions with the court; these are set to be heard on April 3, 2023. The Court will grant a continuance to allow Nguyen time to depose Plaintiffs prior to trial.

Plaintiffs request the Court instead grant a continuance to February 2024, stating that all parties have stipulated to this request. Plaintiffs did not provide proof of the stipulation and also provided no reason for the Court to grant an extended continuance. The Court will only grant the originally requested continuance.

CONCLUSION

Defendant Sang Nguyen’s Motion to Continue Trial is GRANTED. Trial is continued to October 12, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 28, 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.

The Court advances and vacates the April 3, 2023 hearing on its Order to Show Cause why the case should not be dismissed pursuant to Code of Civil Procedure sections 581(g), 583.210, and 583.250. 

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.