Judge: Daniel M. Crowley, Case: 21STCV32589, Date: 2023-01-24 Tentative Ruling

Case Number: 21STCV32589    Hearing Date: January 24, 2023    Dept: 28

Defendant Central Transport’s Motion to Continue Trial

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

BACKGROUND

On September 2, 2021, Plaintiff Michael Konsor (“Plaintiff”) filed this action against Defendants Home Depot, U.S.A., Inc. (“Home Depot”) and David Hoy (“Hoy”) for premises liability.

On September 20, 2021, Plaintiff filed the FAC, adding Defendants Frank Cerda (“Cerda”) and David Montes (“Montes”). Plaintiff later amended the complaint to include Defendant Adrian’s, Inc. (“Adrian’s”).

On November 5, 2021, Home Depot filed an answer. On November 12, 2021, Hoy, Cerda and Montes filed answers. On April 7, 2022, Adrian’s filed an answer.

On February 2, 2022, Home Depot field a Cross-Complaint against Cross-Defendant Adrian’s for express contractual indemnity, breach of contract and equitable indemnity. On April 4, 2022, Adrian’s filed an answer.

On April 4, 2022, Adrian’s filed a Cross-Complaint against Cross-Defendants Moes 1- 15 for breach of written contract, indemnity, contribution and declaratory relief. Adrian’s later amended the Cross-Complaint to include Home Depot.

On December 22, 2022, Adrian’s, Home Depot, Hoy, Cerda and Montes (“Moving Defendants”) filed a Motion to Continue Trial to be heard on January 24, 2023. On October 10, 2023, Plaintiff filed an opposition. On January 13, 2023, Moving Defendants filed a reply.

Trial is currently scheduled for March 2, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court continue trial for at least 90 days.

Plaintiff requests the Court deny the motion.

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. Adrian’s counsel and expert will be engaged in trial around the current trial date. Home Depot recently switched managing counsel subsequent to a departure of the previous lead counsel; new counsel for the case are also involved in other trials around the current trial date. Finally, parties are still awaiting discovery. There is one outstanding subpoena for records, delayed to Plaintiff’s improperly executed release, and records still to review as Plaintiff was given approximately two months to review medical records prior to producing said records to Defendants.

Plaintiff argues that parties have known the trial date since the commencement of litigation. However, given that multiple parties will have unavailable counsel and experts, the Court finds there’s good cause to grant a brief continuance. Plaintiff also argues that the delayed subpoena is a duplicative request for records—regardless, the Court finds a short continuance fair given Plaintiff was allowed to review records prior to providing them to defendants, causing a delay.

CONCLUSION

Defendant Central Transport’s Motion to Continue Trial is GRANTED. The trial date is continued to June 15, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for June 1, 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.