Judge: Daniel M. Crowley, Case: 20STCV15270, Date: 2022-12-07 Tentative Ruling

Case Number: 20STCV15270    Hearing Date: December 7, 2022    Dept: 28

Plaintiff Tomas Ortiz-Pallares’s Motion to Continue Trial

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

BACKGROUND

On April 21, 2020, Plaintiff Tomas Ortiz-Pallares (“Plaintiff”) filed this action against Defendants Gustavo Cervantes (“Cervantes”) and Rancho Foods, Inc. (“Rancho”) for motor vehicle negligence and general negligence.

On June 1, 2020, Rancho filed an answer. On August 12, 2020, Cervantes filed an answer.

On November 4, 2022, Plaintiff filed a Motion to Continue Trial to be heard on December 7, 2022. On November 22, 2022, Defendants filed a conditional non-opposition. On November 30, 2022, Plaintiff filed a reply.

Trial is currently scheduled for January 13, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to March 2023. In Plaintiff’s reply, Plaintiff requested that trial instead be continued to May 2023.

Defendants request a continuance to May 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

There is good cause to grant a trial continuance. Parties have mediation scheduled for March 23, 2023, which is after the current trial date. Plaintiff is still receiving treatment for his injuries—Plaintiff will need time to recover, and Defendants will need time to conduct discovery into these new treatments. Plaintiff’s wife has recently filed a complaint for loss of consortium, and there is an upcoming motion to consolidate the two complaints. Based on the above, the Court grants the motion, continuing trial to the first available date after May 2023.

CONCLUSION

Plaintiff Tomas Ortiz-Pallares’s Motion to Continue Trial is GRANTED. Trial is continued to June 16, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 2, 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.