Judge: Daniel M. Crowley, Case: 20STCV33563, Date: 2022-10-04 Tentative Ruling
Case Number: 20STCV33563 Hearing Date: October 4, 2022 Dept: 28
Defendants Morbark, LLC and Rayco Manufacturing, LLC’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 2, 2020, Plaintiff Efrain de Jesus Melchor (“Plaintiff”) filed this action against Defendant Vermeer Manufacturing Company (“Vermeer”) for strict product liability and negligence. Plaintiff later amended the complaint to include Defendants Morbark, LLC (“Morbark”) and Rayco Manufacturing, LLC (“Rayco”).
On November 30, 2020, Vermeer filed an answer. On May 6, 2021, the Court dismissed Vermeer, without prejudice, pursuant to Plaintiff’s request.
On July 2, 2021, Morbark and Rayco filed an answer and a Cross-Complaint against Cross-Defendants Foes 1-25 for Breach of Written Contract, Express Indemnity, Total Equitable Indemnity, Partial Equitable Indemnity, Contribution and Repayment, Declaratory Relief and Negligence. They later amended the Cross-Complaint to include Cross-Defendant Vero’s Tree Service (“Cross-Defendant”). On April 1, 2022, Cross-Defendant filed an answer.
On September 8, 2022, Rayco and Morbark (“Moving Defendants”) filed a Motion to Continue Trial to be heard on October 4, 2022.
Trial is currently scheduled for October 10, 2022.
PARTY’S REQUESTS
Moving Defendants request the Court continue trial to March 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
Discovery is still ongoing as of this time. Defendants still need to conduct inspection of the subject unit and parties still need to take depositions. Additionally, all parties wish to have an opportunity to hold a mediation for settlement purposes before trial—the timeframe currently being discussed is January 2023, due to the availability of mediators. The Court finds good cause and grants the motion.
CONCLUSION
Defendants Morbark, LLC and Rayco Manufacturing, LLC’s Motion to Continue Trial is GRANTED. Trial is continued to March 7, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is February 21, 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.