Judge: Daniel M. Crowley, Case: 20STCV40246, Date: 2023-03-16 Tentative Ruling

Case Number: 20STCV40246    Hearing Date: March 16, 2023    Dept: 28

Defendants Mijung Son and Yeong Jay Song’s Motion to Continue Trial

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

BACKGROUND

On January 20, 2020, Plaintiffs Youn Pak (“Youn”), Michael Pak (“Michael”), Kris Kim (“Kim”) and Yang Oh (“Oh”) filed this action against Defendants Mijung Son (“Son”) and Yeong Jay Song (“Song”) for motor vehicle negligence.

On May 27, 2022, Defendants filed an answer.

On February 15, 2023, Defendants filed a Motion to Continue Trial to be heard on March 16, 2023.

Trial is currently scheduled for May 11, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial at least 4 months.

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

Although this case was filed on January 20, 2020, Defendants were not served until at least April 15, 2022, resulting in a substantially shorter discovery period. Discovery still needs to be completed prior to trial. Youn’s deposition was recently delayed approximately two months due to Plaintiff’s availability. In addition, Defendants’ previous counsel recently left the firm, resulting in Defendants’ new counsel needing additional time to review the case. The Court finds good cause and grants the continuance.

CONCLUSION

Defendants Mijung Son and Yeong Jay Song’s Motion to Continue Trial is GRANTED. Trial is continued to September 12, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is August 29, 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.