Judge: Daniel M. Crowley, Case: 20STCV16834, Date: 2022-09-30 Tentative Ruling
Case Number: 20STCV16834 Hearing Date: September 30, 2022 Dept: 28
Defendant Simpson Investment Company’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On May 1, 2020, Plaintiff Hector Andrade (“Plaintiff”) filed this action against the Defendants Simpson Investment Company (“Simpson”), Selena Arellano (“Arellano”), Kenneth Wichmann (“Kenneth”) and Virginia Wichmann (“Viriginia”) for dog bite, strict liability and negligence. Plaintiff amended the complaint to include Defendant GV Property Management, Inc. (“GV”).
On July 22, 2020, Kenneth and Virginia filed an answer. On November 12, 2020, the clerk entered default against Arellano. On December 9, 2020, Simpon filed an answer.
On September 7, 2022, Simpson filed a Motion to Continue Trial to be heard on September 30, 2022.
Trial is currently scheduled for October 28, 2022.
PARTY’S REQUESTS
Simpson requests the Court continue trial to October 2023, with all discovery and motion cut-off dates based on the new trial date.
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.” 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).
CRC 3.110(b) requires service of the complaint upon all named defendants within 60 days of filing the complaint with the court. The Court’s First Amended Standing Order re Personal Injury Procedures at the Spring Street Courthouse (effective February 24, 2020) provides that “The Court Sets the above trial and final status conference dates on the condition that plaintiff(s) effectuate service of defendant(s) of the summons and complaint within six months of filing the complaint.”
DISCUSSION
Plaintiff’s counsel is scheduled to undergo two surgeries on September 21, 2022, and October 26, 2022, making him unavailable to prepare for and attend trial. Based on this, the Court finds good cause to grant a continuance. However, there is no basis to delay trial for approximately a year. Simpson argues that Plaintiff’s counsel, who just took over handling the case in July 2022, needs time to do research as to which Defendants need to be dismissed and which need to be brought in. The Court is unconvinced that this necessitates a year long delay—Plaintiff filed this case in 2020. Plaintiff has had plenty of time to ascertain which parties are the correct parties prior to this time.
The Court grants a short continuance, taking into account the upcoming MSJ for November 2, 2022, as well.
CONCLUSION
Defendant Simpson Investment Company’s Motion to Continue Trial is GRANTED. Trial is continued to December 19, 2022, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is December 5, 2022, 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.