Judge: Daniel M. Crowley, Case: 20STCV20232, Date: 2022-09-27 Tentative Ruling

Case Number: 20STCV20232    Hearing Date: September 27, 2022    Dept: 28

Defendant Ulises Flores Martinez’s Motion to Continue Trial

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

BACKGROUND

On May 28, 2020, Plaintiff Ashley Ardiano (“Plaintiff”) filed this action against Defendant Ulises Flores Martinez (“Defendant”) for motor vehicle negligence.

On April 27, 2021, Defendant filed an answer.

On August 26, 2022, Defendant filed a Motion to Continue Trial to be heard on September 27, 2022.

Trial is currently scheduled for October 19, 2022.

PARTY’S REQUESTS

Defendant requests the Court continue trial to January 24, 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 argues that Plaintiff failed to give responsive answers in an IME, resulting in Defendant seeking audio made by Plaintiff’s observer during a medical examination. Parties additionally have an upcoming IDC and hearing date scheduled after the current trial date to compel further responses to RPD. Given that Defendant only seeks a short continuance in order to resolve discovery disputes, the Court grants the motion.

CONCLUSION

Defendant Ulises Flores Martinez’s Motion to Continue Trial is GRANTED. Trial is continued to January 31, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is January 17, 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.