Judge: Daniel M. Crowley, Case: 20STCV34690, Date: 2022-12-20 Tentative Ruling

Case Number: 20STCV34690    Hearing Date: December 20, 2022    Dept: 28

Defendant Jump LA, LLC’s Motion to Continue Trial

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

BACKGROUND

On September 10, 2020, Plaintiff Carlos E. Martinez (“Plaintiff”) filed this action against Defendant Jump LA, LLC (“Defendant”) for motor vehicle negligence.

On January 20, 2022, Defendant filed an answer.

On November 23, 2022, Defendant filed a Motion to Continue Trial to be heard on December 20, 2022.

Trial is currently scheduled for January 18, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial to June 2023. Plaintiff has stipulated to the 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

Parties request the Court grant a continuance due the difficulty of setting Plaintiff’s deposition. Plaintiff needs a translator, making it difficult to coordinate the schedule of all parties in order to conduct said deposition. The Court grants a brief continuance, as no parties will be prejudiced by the continuance.

CONCLUSION

Defendant Jump LA, LLC’s Motion to Continue Trial is GRANTED. Trial is continued to May 23, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is May 9, 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.