Judge: Daniel M. Crowley, Case: 21STCV31808, Date: 2023-01-25 Tentative Ruling

Case Number: 21STCV31808    Hearing Date: January 25, 2023    Dept: 28

Defendant Central Transport’s Motion to Continue Trial

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

BACKGROUND

On August 26, 2021, Plaintiffs Beatriz Chavez Molina (“Molina”), Yesica Alejandra Bustos Chavez Sandoval (“Yesica”) and Jose Sandoval (“Jose”) filed this action against Defendants Laura Chavez (“Chavez”), Anthony Nash (“Nash”), Worldwide Express (“WE”), Central Transport (“CT”), H3K Design (“H3K”), Replica Plants and Décor (“RPD”) for negligence and excessive speed. Plaintiff later amended the complaint to include Defendant Matthew Alexander Correa (“Correa”).

On August 1, 2022, the Court dismissed Chavez, with prejudice, pursuant to Plaintiff’s request. On September 9, 2022, CT filed an answer.

On December 2, 2022, CT filed a Motion to Continue Trial to be heard on January 25, 2023.

Trial is currently scheduled for February 23, 2023.

PARTY’S REQUESTS

CT requests the Court continue trial to September 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

There exists good cause to continue trial. CT was never served; rather, it voluntarily filed an answer on September 9, 2022, resulting in a significantly shorter discovery period than intended. CT still needs additional time to conduct discovery, as it effectively only was given 6 months to complete the process prior to trial. Additionally, Plaintiff has yet to serve all Defendants. The Court finds good cause and grants the motion.

CONCLUSION

Defendant Central Transport’s Motion to Continue Trial is GRANTED. The trial date is continued to September 7, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for August 18, 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.