Judge: Daniel M. Crowley, Case: 20STCV28619, Date: 2022-09-07 Tentative Ruling
Case Number: 20STCV28619 Hearing Date: September 7, 2022 Dept: 28
Plaintiffs Estate of Carolyn Cole, Carletta Cole and McCarrie McCausland’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On July 29, 2020, Plaintiff Estate of Carolyn Cole (“Estate”), Carletta Cole (“Cole”) and McCarrie McCausland (“McCausland”) filed this action against Defendants Roze Room Hospice of the Valley, Inc. (“Roze”), Lena Beker (“Beker”), Dr. Jay Thomas (“Thomas”), Josepha Azcueta (“Azcueta”), Jacqueline Pusey (“Pusey”), Carmen Rago (“Rago”), Ana Barajas (“Barajas”), Nan Doyle (“Doyle”), Sery Glen (“Glen”), Amar Solis (“Solis”), Michelle Fauquier (“Fauquier”), Clavel Zanbrano (“Zanbrano”), Ymel Romasco (“Romasco”), ‘Kathleen’, Riza Vegura (“Vegura”), Ursula Parzanowka (“Perzanowka”) and Nantachit Doyle (“Doyle”) for elder abuse/negligence, negligence and negligent infliction of emotional distress.
On September 9, 2021, Plaintiffs filed the FAC, adding Defendants Teerance Cole (“Terrence”) and Howard Cole Jr. (“Howard”). Plaintiffs changed the the cause of action for negligence to wrongful death.
On October 1, 2021, Roze and Beker filed an answer.
On August 3, 2022, Plaintiffs filed a Motion to Continue Trial to be heard on September 7, 2022.
Trial is currently scheduled for October 25, 2022.
PARTY’S REQUESTS
Plaintiffs request the Court continue trial to no earlier than September 25, 2023, and to have all relevant dates trail the new trial date.
Rose has stipulated to this continuance.
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
Plaintiffs request a continuance on the basis that they are still awaiting discovery responses from Beker, as well as some depositions. Plaintiffs intend to file another motion to compel discovery responses, as well, which will take time, due to insufficient responses.
While the Court finds a basis for a continuance, the Court finds no need for an 11-month continuance. The Court grants a shorter continuance.
CONCLUSION
Plaintiffs Estate of Carolyn Cole, Carletta Cole and McCarrie McCausland’s Motion to Continue Trial is GRANTED. Trial is continued to July 3, 2023, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 19, 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.