Judge: Daniel M. Crowley, Case: 20STCV46901, Date: 2022-09-27 Tentative Ruling

Case Number: 20STCV46901    Hearing Date: September 27, 2022    Dept: 28

Defendant Chan Vinh Nguyen’s Motion to Continue Trial

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

BACKGROUND

On December 8, 2020, Plaintiffs Chona A. Chua (“Chona”) and Fernando Y. Chia (“Fernando”) filed this complaint against Defendant Chan Vinh Nguyen (“Defendant”) for motor vehicle negligence.

Defendant filed his answer on August 5, 2021.

On August 24, 2022, Defendant filed a Motion to Continue Trial, to be heard on September 27, 2022.

Trial is currently scheduled for February 3, 2023.

PARTY’S REQUESTS

Defendant requests the Court continue trial 5 months, to July 10, 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.” 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).

CRC 3.110(b) requires service of the complaint upon all named defendants within 60 days of filing the complaint with the court. The Court’s First Amended Standing Order re Personal Injury Procedures at the Spring Street Courthouse (effective February 24, 2020) provides that “The Court Sets the above trial and final status conference dates on the condition that plaintiff(s) effectuate service of defendant(s) of the summons and complaint within six months of filing the complaint.”

DISCUSSION

Defendant argues that, despite diligent efforts, he has been unable to obtain the deposition testimony of Chua; this has prevented Defendant from filing any further discovery or request for medical examinations. Chua’s deposition cannot take place until late November, which Defendant argues is too close to the current trial date.

Plaintiffs’ counsel has stated he is unavailable until July 2023, should any continuance be granted. Parties have stipulated to this continuance.

CONCLUSION

Defendant Chan Vinh Nguyen’s Motion to Continue Trial is GRANTED. Trial is continued to July 17, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 3, 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.