Judge: Daniel M. Crowley, Case: 20STCV27962, Date: 2023-02-14 Tentative Ruling

Case Number: 20STCV27962    Hearing Date: February 14, 2023    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 Defendants 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 October 13, 2020, Uber filed an answer. On October 3, 2020, Buntan filed an answer.

On April 4, 2020, the clerk entered default against Deng and Lu.

On January 3, 2023, Buntan filed a Motion to Continue Trial to be heard on February 14, 2023. On February 1, 2023, Plaintiff filed an opposition. On February 2, 2023, Buntan filed a reply.

Trial is currently scheduled for March 9, 2023.

PARTY’S REQUESTS

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

Plaintiff requests a shorter continuance to May or June 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 requests the Court continue trial to allow for time for parties to complete discovery. At the December IDC, counsel agreed to provide further responses by December 15, 2022. At the time of filing the motion, Plaintiff had yet to serve responses and provided redacted Chinese documents without certified translations. Buntan is still attempting to serve independent witnesses identified by Plaintiff. Parties are also still meeting and conferring regarding the scope of Plaintiff’s IME. This would be the fourth trial continuance.

Plaintiff argues that a shorter continuance will allow for more than enough time to complete discovery prior to trial. Further responses will be served by February 22, 2023. Plaintiff states that Buntan has not provided sufficient proof of attempts and failure to serve the identified witnesses, and that trial cannot be continued indefinitely.

The Court agrees that a shorter trial continuance should allow parties ample time to resolve discovery issues. Trial has been continued three times previously, and yet discovery has not been resolved.

CONCLUSION

Defendant Jesus Buntan’s Motion to Continue Trial is GRANTED. Trial is continued to July 7, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 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.