Judge: Daniel M. Crowley, Case: 21STCV04116, Date: 2023-02-23 Tentative Ruling

Case Number: 21STCV04116    Hearing Date: February 23, 2023    Dept: 28

Defendants Viscarra Trucking, Joe Luis Zavala and Jesus Vizcarra’s Motion to Continue Trial

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

BACKGROUND

On February 2, 2021, Plaintiff Ebrahim Lavi (“Plaintiff”) filed this action against Defendants Viscarra Trucking (“Trucking”), Joe Luis Zavala (“Zavala”) and Jesus Vizcarra (“Vizcarra”) for motor vehicle negligence and general negligence. 

On July 19, 2021, Defendants filed an answer.   

On January 25, 2023, Defendants filed a Motion to Continue Trial to be heard on February 23, 2023.

Trial is currently scheduled for March 10, 2023.

PARTY’S REQUESTS

Defendants request the Court continue trial to May 23, 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’ counsel is unavailable for the current trial date; parties have stipulated to a brief continuance. There has only been one continuance prior to this. The Court finds good cause to grant the continuance.

CONCLUSION

Defendants Viscarra Trucking, Joe Luis Zavala and Jesus Vizcarra’s Motion to Continue Trial is GRANTED. Trial is continued to May 18, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is April 28, 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.