Judge: Daniel M. Crowley, Case: 20STCV14011, Date: 2023-02-07 Tentative Ruling

Case Number: 20STCV14011    Hearing Date: February 7, 2023    Dept: 28

Defendant Noel Rojas’s Motion to Continue Trial

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

BACKGROUND

On April 10, 2020, Plaintiff Bagdad Mustafayev (“Plaintiff”) filed this action against Defendant Noel Rojas (“Defendant”) for motor vehicle negligence.

On May 27, 2020, Defendant filed an answer.

On December 15, 2022, Defendant filed a Motion to Continue Trial to be heard on February 7, 2023.

Trial is currently scheduled for March 28, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to September 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

Defendant requests the Court continue trial so that Defendant may conduct Plaintiff’s IME prior to trial. Defendant has been attempting to take Plaintiff’s IME since November 11, 2021; it has been rescheduled three times, with the final date set for November 28, 2022. Plaintiff did not appear for his IME. Defendant filed a Motion to Compel Plaintiff’s IME on December 14, 2022, reserving the first available date of April 3, 2023. This is after the current trial date. Defendant has diligently attempted to conduct discovery but has excusably failed due to Plaintiff’s misconduct. The Court finds good cause and grants the motion.

CONCLUSION

Defendant Noel Rojas’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 10:00 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.