Judge: Daniel M. Crowley, Case: 20STCV30545, Date: 2022-08-16 Tentative Ruling

Case Number: 20STCV30545    Hearing Date: August 16, 2022    Dept: 28

Defendant City of Pasadena’s Motion to Continue Trial

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

BACKGROUND

On August 12, 2020, Plaintiff Roger Barnwell Smith (“Plaintiff”) filed this action against Defendant City of Pasadena (“Defendant”) for premises liability.

On April 22, 2021, Defendant filed an answer and a Cross-Complaint against Cross-Defendant Roes 1- 50 for equitable indemnity, implied indemnity, declaratory relief and contribution.

On July 18, 2022, Defendant filed a Motion to Continue Trial to be heard on August 9, 2022. The Court continued the hearing until August 17, 2022.

Trial is currently scheduled for September 7, 2022.

PARTY’S REQUESTS

Defendant requests the Court continue trial to July 5, 2023 or later.

Parties have stipulated to this request.

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

Defendant originally reserved a MSJ hearing date for June 16, 2022; Defendant had to reschedule the hearing date to accommodate Plaintiff’s deposition, which did not occur until April 14, 2022, after the date to serve the motion. The current January 18, 2023, date was the first date available. Parties have agreed to this continuance given the amount of discovery still yet to occur on both sides. This is the second trial continuance in this matter. As such, the Court grants the motion to continue trial.

CONCLUSION

Defendant City of Pasadena’s Motion to Continue Trial is GRANTED. Trial is continued to July 6, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 22, 2023, at 10:30 p.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.