Judge: Daniel M. Crowley, Case: 20STCV20720, Date: 2023-02-15 Tentative Ruling

Case Number: 20STCV20720    Hearing Date: February 15, 2023    Dept: 28

Defendants Ronald Pang and Pacific Bell Telephone Company’s Motion to Continue Trial

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

BACKGROUND

On June 2, 2020, Plaintiff Xenia Esquivel (“Plaintiff”) filed this action against Defendants Ronald Pang (“Pang”) and Pacific Bell Telephone Company (“PBT”) for motor vehicle negligence.

On July 22, 2020, PBT filed an answer. On October 6, 2021, Pang filed an answer.

On January 6, 2023, Defendants filed a Motion to Continue Trial to be heard on February 15, 2023.

Trial is currently scheduled for March 20, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to at least June 9, 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

Parties stipulated as to liability recently; however, parties still have upcoming motions on the scope of Pang and PBT’s PMK depositions, which will impact discovery as to damages. Due to the Court’s calendar, these motions will not be heard until after the current trial date of March 20, 2023. Parties recently submitted a stipulation to a continuance. Although the Court rejected the stipulation, given the age of the case, the Court finds this to be evidence that neither party would be prejudiced by a brief continuance.

The Court will grant a brief continuance to allow the upcoming discovery motions to be heard and resolved.

CONCLUSION

Defendants Ronald Pang and Pacific Bell Telephone Company’s Motion to Continue Trial is GRANTED. Trial is continued to June 14, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is May 31, 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.