Judge: Daniel M. Crowley, Case: 20STCV23483, Date: 2023-02-17 Tentative Ruling

Case Number: 20STCV23483    Hearing Date: February 17, 2023    Dept: 28

Plaintiff Yarlin Alexander Escobar Moncada’s Motion to Continue Trial

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

BACKGROUND

On June 22, 2020, Plaintiff Yarlin Alexander Escobar Moncada (“Plaintiff”) filed this action against Defendant Dylan Guerrero (“Guerrero”) for negligence. Plaintiff later amended the complaint to include Defendant Advanced Painting Contractors Co., (“APC”).

On December 17, 2020, Guerrero filed an answer. On May 12, 2022, APC filed an answer.

On January 23, 2023, Plaintiff filed a Motion to Continue Trial to be heard on February 17, 2023.

Trial is currently scheduled for March 30, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court continue trial to May 30, 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 have stipulated to a continuance of two months based on the fact parties have a private mediation scheduled for March 9, 2023. Parties request a brief continuance so that parties can prepare for trial, should mediation fail. The Court grants a brief continuance.

CONCLUSION

Plaintiff Yarlin Alexander Escobar Moncada’s Motion to Continue Trial is GRANTED. Trial is continued to May 31, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is May 17, 2023, at 10:30 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.