Judge: Daniel M. Crowley, Case: 20STCV23270, Date: 2022-08-10 Tentative Ruling

Case Number: 20STCV23270    Hearing Date: August 10, 2022    Dept: 28

Defendant Bakemark USA, LLC’s Motion to Continue Trial

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

BACKGROUND

On June 19, 2020, Plaintiff Republic Indemnity Company of California (“RICC”) filed this action against Defendant Bakemark USA, LLC (“Defendant”) for reimbursement of workers’ compensation benefits (negligence and premises liability).

On September 30, 2020, Defendant filed an answer.

On July 16, 2020, Plaintiff Jennifer Billings (“Jennifer”) filed an action against Defendant for negligence and premises liability. On July 20, 2020, Plaintiffs, Jennifer and David Joseph Billings (“David”), filed the First Amended Complaint against Defendant, adding  a cause of action for loss of consortium.

On September 10, 2020, Defendant filed an answer.

The two actions were consolidated.

On July 5, 2022, Plaintiff filed a Motion to Continue Trial to be heard on July 5, 2022.

Trial is currently scheduled for October 13, 2022.

PARTY’S REQUESTS

Defendant requests that the Court continue trial to May 4, 2023.

Parties have stipulated to this request.

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

Plaintiff has recently undergone surgery on her lumbar spine and needs sufficient time to recover from her surgery prior to the taking of her deposition and for an IME. Additionally, parties have a mediation scheduled for January 30, 2023. All parties have stipulated to this request and would be prejudiced by not granting a continuance, as there would not be enough time to assess Jennifer’s damages post-surgery. There has only been one prior continuance in this matter and would allow parties to attempt to resolve issues without going to trial. As such, the Court finds there is good cause and grants the motion.

CONCLUSION

Defendant Bakemark USA, LLC’s Motion to Continue Trial is GRANTED. The trial date is continued to May 19, 2023, at 8:30 a.m. in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to May 5, 2023, at 10:00 a.m. in Department 28 in the Spring Street Courthouse. All applicable dates now 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.