Judge: Daniel M. Crowley, Case: 21STCV14353, Date: 2022-12-13 Tentative Ruling

Case Number: 21STCV14353    Hearing Date: December 13, 2022    Dept: 28

Defendant Already a Better Choice Terminate and Pest Control’s Motion to Continue Trial

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

BACKGROUND

On November 2, 2020, Plaintiff Helen Martinez (“Plaintiff”) filed this action against Defendants Already a Better Choice Terminate and Pest Control (“ABC”) and Jose R. Gonzalez (“Gonzalez”) for negligence and gross negligence.

On March 30, 2022, Plaintiff filed the FAC, removing the cause of action for gross negligence.

On April 4, 2022, ABC filed an answer.

On November 15, 2022, ABC filed a Motion to Continue Trial to be heard on December 13, 2022.

Trial is currently scheduled for February 14, 2023.

PARTY’S REQUESTS

ABC requests the Court continue trial 90 days.

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

ABC requests the Court continue trial so that their upcoming discovery motions can be heard prior to trial with enough time to receive and review discovery responses. The discovery motions are currently set to be heard on February 2, 2023, three days after the motion cut-off date. Defendant propounded discovery in July and granted Plaintiff’s requested extension—Plaintiff failed to serve discovery responses. Defendant attempted to conduct discovery but failed to do despite diligent efforts. The Court finds good cause and grants a short continuance.

CONCLUSION

Defendant Already a Better Choice Terminate and Pest Control’s Motion to Continue Trial is GRANTED. Trial is continued to June 26, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is June 12, 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.