Judge: Daniel M. Crowley, Case: 20STCV32493, Date: 2022-10-20 Tentative Ruling

Case Number: 20STCV32493    Hearing Date: October 20, 2022    Dept: 28

Plaintiff Chu Shin Kim’s Motion to Continue Trial

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

BACKGROUND

On August 25, 2020, Plaintiff Chu Shin Kim (“Plaintiff”) filed this action against Defendants Rodrick Wayne Moore, JR. (“Moore”) and Jane Wade Rosie (“Rosie”) for negligence and negligent entrustment.

On October 16, 2020, Defendants filed an answer.

On September 22, 2022, Plaintiff filed a Motion to Continue Trial to be heard on October 20, 2022.

Trial is currently scheduled for June 27, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court continue the hearing to July 2023, other than July 7-13.

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

Parties were recently granted a trial continuance; parties initially agreed to a date in January 2023. However, due to the Court’s calendar, trial was not set until June 2023. Plaintiff’s counsel will be out of the country in June 2023, and requests a short continuance to account for counsel’s absence. The Court grants the motion.

CONCLUSION

Plaintiff Chu Shin Kim’s Motion to Continue Trial is GRANTED. Trial is continued to July 20, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 6, 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.