Judge: Daniel M. Crowley, Case: 20STCV44248, Date: 2022-10-14 Tentative Ruling

Case Number: 20STCV44248    Hearing Date: October 14, 2022    Dept: 28

Defendants Jose Garcia Gomez and Nowhere Partners, LLC dba Erewhon Market’s Motion to Continue Trial

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

BACKGROUND

On November 18, 2020, Plaintiffs Abraham Ullmann (“Abraham”) and Yisroel Ullamnn (“Yisroel”) filed this action against Defendants Jose Garcia Gomez (“Gomez”) and Nowhere Partners, LLC dba Erewhon Market (“Erewhon”) for motor vehicle negligence and general negligence.

On March 2, 2021, Erewhon filed an answer. On March 4, 2021, Gomez filed an answer.

On September 12, 2022, Defendants filed a Motion to Continue Trial to be heard on October 14, 2022.

Trial is currently scheduled for December 21, 2022.

PARTY’S REQUESTS

Defendant requests the Court continue trial to April 6, 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

Defendants state that parties originally intended to resolve this case via mediation; however, due to scheduling issues with the mediator, mediation was delayed approximately one month. Mediation was unsuccessful, and parties now plan to continue discovery. Defendants’ handling attorney is now on maternity leave; her leave began September 9, 2022. She will not return until after December 2022, which is after the current trial date. Given the circumstances, the Court grants the motion.

CONCLUSION

Defendants Jose Garcia Gomez and Nowhere Partners, LLC dba Erewhon Market’s Motion to Continue Trial is GRANTED. Trial is continued to April 6, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is March 23, 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.