Judge: Daniel M. Crowley, Case: 21STCV03750, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV03750    Hearing Date: September 22, 2022    Dept: 28

Defendant ATF Private Security, Inc.’s Motion to Continue Trial

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

BACKGROUND

On January 29, 2021, Plaintiff Ahmed Chowdhury (“Plaintiff”) filed this action against Defendants ATF Private Security, Inc., a California corporation, (“ATF”) and Brandon Edward Smith (“Smith”) for assault, battery, intentional infliction of emotional distress, and negligence. Plaintiff filed the First Amended Complaint on March 5, 2021, 

On March 19, 2021, ATF filed its answer to the FAC, as well as Cross-Complaint against Cross-Defendants Roes 1 through 10 for implied contractual indemnity, total indemnity, express contractual indemnity, equitable indemnity, declaratory relief.  ATF later amended the Cross-Complaint to include Cross-Defendant Smith.

Plaintiff filed the Second Amended Complaint on May 4, 2021. ATF filed its answer to the SAC on June 3, 2021.

On August 11, 2022, ATF filed a Motion to Continue Trial to be heard on September 22, 2022.

Trial is currently scheduled for November 22, 2022. 

PARTY’S REQUESTS

ATF requests the Court continue trial to May 8, 2023.

All parties have agreed to this 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 that the Court grant a continuance as certain pieces of discovery will not be completed prior to the current trial date. These include the deposition of Plaintiff and ATF’s PMQ, as well as written discovery and IME, and, finally, expert discovery. The Court finds good cause and grants the motion.

CONCLUSION

Defendant ATF Private Security, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to July 6, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 22, 2023, at 10:30 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.