Judge: Daniel M. Crowley, Case: 21STCV18236, Date: 2023-03-10 Tentative Ruling

Case Number: 21STCV18236    Hearing Date: March 10, 2023    Dept: 28

Defendants Rojin Erfan, DDS, Walter Jefferson, DDS and Jefferson and Kim dba PCH Smiles Dentistry and Orthodontics s’s Motion to Continue Trial

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

BACKGROUND

On May 14, 2021, Plaintiff Homa Deris (“Plaintiff”) filed this action against Defendants Byron Kim, DDS (“Kim”), Rojin Erfan, DDS (“Erfan”), Walter Jefferson, DDS (“Jefferson”), Jefferson and Kim dba PCH Smiles Dentistry and Orthodontics (“PCH”), Kevin Choi, DDS (“Choi”) and Bardi-Nugent Dental Corporation dba Rootvision Endo (“Rootvision”) for dental malpractice, fraudulent concealment, inattentional misrepresentation, breach of fiduciary duty and elder abuse. 

On October 26, 2021, Plaintiff filed the FAC.

On February 2, 2022, Kim, Jefferson and PCH filed an answer. On March 16, 2022, Choi filed an answer. On January 13, 2023, Rootvision filed an answer. On January 25, 2023, Erfan filed an answer.

On February 8, 2023, Kim, Jefferson and PCH (“Moving Defendants”) filed a Motion to Continue Trial to be heard on March 10, 2023. Parties later filed a stipulation to continue trial.

Trial is scheduled for May 18, 2023.  

PARTY’S REQUESTS

Moving Defendants requests the Court continue trial to March 25, 2024.

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
            Moving Defendants request the Court continue trial so that their MSJ may be heard prior to trial. Trial is scheduled for May 18, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by April 18, 2023. For the MSJ to be heard by that date, it needed to be served by February 2, 2023. The MSJ was filed on January 27, 2023, before the required date of service.  All parties have stipulated to the request, indicating that no parties would be prejudiced by this continuance.  The Court finds good cause and grants a continuance.  Nonetheless, the Court finds the length of the requested continuance too long. 

CONCLUSION

Defendants Rojin Erfan, DDS, Walter Jefferson, DDS and Jefferson and Kim dba PCH Smiles Dentistry and Orthodontics s’s Motion to Continue Trial is GRANTED. Trial is continued to December 11, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 27, 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.