Judge: Daniel M. Crowley, Case: 21STCV07589, Date: 2023-01-27 Tentative Ruling

Case Number: 21STCV07589    Hearing Date: January 27, 2023    Dept: 28

Defendant Bank of America’s Motion to Continue Trial

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

BACKGROUND

On February 25, 2021, Plaintiffs Desiree Thabet (“Thabet”), Nathan Baqueiro (“Nathan”), Myles Baqueiro (“Myles”), Izeah Baqueiro (“Izeah”) and Estate of Abdalla Thabet (“Estate”) filed this action against Defendants Bank of America (“BofA”), Daniel Meza (“Meza”), Walter Meneses (“Meneses”) and Andrew Feusier (“Feusier”) for two causes of action for negligence (wrongful death).

On July 30, 2021, Plaintiffs filed the FAC.

On September 1, 2021, Feusier filed an answer.

On October 21, 2021, BofA filed an answer and Cross-Complaint against Cross-Defendants Meza and Meneses for equitable indemnity, apportionment and declaratory relief. On March 23, 2022, the clerk entered default against Meneses.

On February 26, 2021, Plaintiff Amtrust North American and Security National Insurance Company (“Amtrust”) filed an action against Defendant BofA for general negligence and premises liability.

On April 2, 2021, BofA filed an answer.

These actions were consolidated pursuant to stipulation on May 23, 2022.

On December 9, 2022, BofA filed a Motion to Continue Trial to be heard on January 27, 2023.

Trial is currently scheduled for March 2, 2023.

PARTY’S REQUESTS

BofA request the Court continue trial to August 28, 2022. All appearing parties have stipulated to a continuance to at least June 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).

DISCUSSION

Parties submitted a stipulation indicating a request for a continuance to late June 2023. BofA then asked if parties were amenable to a continuance to August of 2023, which Plaintiffs replied affirmatively, and no other party indicated any objections. Parties request this delay based on the fact that discovery has been delayed due to the relevant criminal case pending in this action and that discussions about protective orders were still ongoing. As both Meneses and Meza were incarcerated during the discovery period, parties had to seek a Court order to take their depositions—the Court’s impacted calendar meant that these motions were not heard until September 2022.

Based on the above, the Court finds good cause to grant the motion.

CONCLUSION

Defendant Bank of America’s Motion to Continue Trial is GRANTED. The trial date is continued to August 28, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for August 14, 2023, at 10:00 a.m., at Department 28 in the Spring Street Courthouse. All pretrial dates are continued, based on 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.