Judge: Daniel M. Crowley, Case: 21STCV35972, Date: 2023-02-02 Tentative Ruling

Case Number: 21STCV35972    Hearing Date: February 2, 2023    Dept: 28

Defendant Carlos Alberto Flores Jr.’s Motion to Continue Trial

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

BACKGROUND

On September 29, 2021, Plaintiff Rosa Zamudo (“Plaintiff”) filed this action against Defendants Carlos Alberto Flores Jr. (“Flores”), Christian Herrera (“Herrera”) and Providence St. Joseph Medical Center (“Providence”) for general negligence, negligent hiring, medical malpractice and negligent infliction of emotional distress.

On September 14, 2022, Plaintiff filed the FAC, removing the cause of action for negligent infliction of emotional distress.

On November 14, 2022, Flores filed an answer.

On December 13, 2022, Flores filed a Motion to Continue Trial to be heard on February 2, 2023.

Trial is currently scheduled for March 29, 2023.

PARTY’S REQUESTS

Flores requests Court continue trial one year. Plaintiff has stipulated to this request.

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

Flores requests this continuance on the basis that Flores first appeared in this action on October 12, 2022.  Plaintiff failing to serve Flores until August of 2022, despite filing the complaint on September 29, 2021, as indicated in the Court record via filed proof of services. This created an almost year long delay in Defendants’ ability to appear in and prepare for this action. The Court finds good cause and grants the continuance.

CONCLUSION

Defendant Carlos Alberto Flores Jr.’s Motion to Continue Trial is GRANTED, but the Court feels that this case should be able to be worked up in a year. Accordingly, the trial date is continued to October 18, 2024, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for October 4, 2024, 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.