Judge: Daniel M. Crowley, Case: 20STCV27962, Date: 2022-10-12 Tentative Ruling

Case Number: 20STCV27962    Hearing Date: October 12, 2022    Dept: 28

Defendant Jesus Buntan’s Motion to Continue Trial

Having considered the moving, opposing and reply papers, the Court rules as follows. 

BACKGROUND

On July 24, 2020, Plaintiff Wenjun Wu (“Plaintiff”) filed this action against Defendant Uber Technologies, Inc. (“Uber”) and Jesus Buntan (“Buntan”) for negligence. Plaintiff later amended the complaint to include Defendants John Lu (“Lu”) and Lifeng Deng (“Deng”).

On April 4, 2022, the clerk entered default against Deng and Lu.

On September 14, 2022, Buntan filed a Motion to Continue Trial to be heard on October 12, 2022. On September 28, 2022, Plaintiff filed an opposition. On October 3, 2022, Buntan filed a reply.

Trial is currently scheduled for November 15, 2022.

PARTY’S REQUESTS

Buntan requests the Court continue trial to August 7, 2023.

Plaintiff requests the Court continue trial to March 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

Buntan has upcoming motions to compel further responses set for December as parties were unable to reach an agreement via meet and confer efforts. In addition, parties are still meeting and conferring regarding the scope of Plaintiff’s neuropsychological exam and may require Court intervention. Buntan also identified that he has been unable to serve independent witnesses with notices of deposition.

Plaintiff is amenable to a trial continuance, but requests trial only be continued to March 2023; the Court agrees. Based on the discovery yet to be conducted, the Court finds good cause to only grant a short continuance. There is no indication that discovery could not be completed by March 2023 and Buntan can always file another Motion to Continue Trial should the need arise. The Court grants the motion.

CONCLUSION

Defendant Jesus Buntan’s Motion to Continue Trial is GRANTED. Trial is continued to March 9, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is February 23, 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.