Judge: Daniel M. Crowley, Case: 21STCV09757, Date: 2022-08-24 Tentative Ruling

Case Number: 21STCV09757    Hearing Date: August 24, 2022    Dept: 28

Defendant Fast Lane Transporation, Inc.’s Motion to Continue Trial

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

BACKGROUND

On March 12, 2021, Plaintiff Alpha Omega Lanier Edwards II (“Edwards”) filed this action against Defendants Fast Lane Transporation, Inc. (“FLT”) and Raymundo Garay (“Garay”) for negligence / negligence per se.

On April 27, 2021, Defendants filed an answer.

On August 2, 2022, FLT filed a Motion to Continue Trial to be heard on September 7, 2022. The Court advanced the motion to be heard on August 24, 2022. On August 15, 2022, Plaintiff filed an opposition.

Trial is currently scheduled for September 22, 2022.

PARTY’S REQUESTS

FLT requests the Court continue the trial to March 6, 2023, and to have all associated deadlines trail the new trial date.

Plaintiff requests the Court either trail the matter to after FLT’s trial or grant a two-week 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

The Court finds there is good cause to grant a continuance. There have been no prior trial continuances. FLT’s expert will not be available for trial due to FLT’s counsel’s mistake in not alerting the expert of the trial date earlier. FLT also believes it will be in another trial at the time of this trial. Parties have agreed to mediation but have yet to set a date as Plaintiff does not wish to delay trial.

Plaintiff argues that delaying the trial date will impact his ability to move to Florida to take care of his elderly mother without good cause. However, Plaintiff stated that Plaintiff is currently residing in Florida doing so, so the Court does not see a short continuance as a barrier to Plaintiff being able to live in Florida and take care of his mother. Plaintiff also notes he is 63 years old and has a substantial interest in this action, but the Court finds this irrelevant given that Plaintiff did not seek trial setting preference. Plaintiff finally notes that mediation is currently scheduled for August 19, 2022.

The Court does not find a reason for a four-month delay, given that the request is based on time for mediation, the unavailability of an expert, and overlapping trials. The Court will grant a shorter continuance than requested. FLT did not provide when their expert would be available, but the Court presumes that the expert will be available within 4 weeks of the currently scheduled date. The Court does not find good cause to set all applicable deadlines to trail the new date and denies that portion of the FLT’s request.

CONCLUSION

Defendant Fast Lane Transporation, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to October 20, 2022, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 29, 2022, at 10:30 p.m. in Department 28 of the Spring Street Courthouse. No dates or deadlines are continued to trail the new trial.

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.