Judge: Daniel M. Crowley, Case: 21STCV30027, Date: 2022-12-08 Tentative Ruling
Case Number: 21STCV30027 Hearing Date: December 8, 2022 Dept: 28
Defendants Gary Rene Honore III and Dettra Lynn Honore’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On August 13, 2021, Plaintiff Zoraida Medina (“Plaintiff”) filed this action against Defendants Gary Rene Honore III (“Gary”) and Dettra Lynn Honore (“Dettra”) for motor vehicle negligence and general negligence.
On February 10, 2022, Defendants filed an answer.
On November 9, 2022, Defendants filed a Motion to Continue Trial to be heard on December 8, 2022.
Trial is currently scheduled for February 10, 2023.
PARTY’S REQUESTS
Defendants request the Court continue trial to July 24, 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 request the Court continue trial as Plaintiff has delayed in providing discovery information regarding her injuries. During her September deposition, Plaintiff testified she saw a chiropractor but did not recall the name of the facility. Plaintiff has not previously identified a chiropractor as a treating facility, meaning Defendants are missing information as to potential damages. A similar issue occurred regarding Plaintiff’s dental treatment. Plaintiff also testified at her deposition that she intended to proceed with a lumbar surgery—should she move forward with the surgery, she will need time to recover, and Defendants will need time to conduct a subsequent IME.
The Court finds good cause and grants the motion.
CONCLUSION
Defendants Gary Rene Honore III and Dettra Lynn Honore’s Motion to Continue Trial is GRANTED. Trial is continued to August 4, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is July 21, 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.