Judge: Daniel M. Crowley, Case: 20STCV29910, Date: 2022-09-20 Tentative Ruling

Case Number: 20STCV29910    Hearing Date: September 20, 2022    Dept: 28

Defendant Neutron Holdings, Inc.’s Motion to Continue Trial

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

BACKGROUND

On August 7, 2020, Plaintiff Nancy Gatlin (“Plaintiff”) filed this action against Defendants Neutron Holdings, Inc. (“Neutron”) and Segway, Inc. (“Segway”) for strict products liability and negligence.

On June 24, 2021, Segway filed an answer. On July 14, 2021, Neutron filed an answer.

On August 17, 2022, Neutron filed a Motion to Continue Trial to be heard on September 20, 2022.

Trial is currently scheduled for November 29, 2022.

PARTY’S REQUESTS

Neutron requests the Court continue trial to May 29, 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

Neutron requests the court continue trial so that parties can complete outstanding discovery and to give parties an attempt to resolve things via mediation. Parties have agreed to a six-month continuance. As such, the Court finds good cause to grant a continuance.

CONCLUSION

Defendant Neutron Holdings, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to July 13, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 29, 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.