Judge: Daniel M. Crowley, Case: 21STCV35972, Date: 2023-02-06 Tentative Ruling

Case Number: 21STCV35972    Hearing Date: February 6, 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, filing a demurrer. However, Flores did not provide
a reason for this delay. The Court presumes this is due to 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. The trial date
is continued to March 29, 2024, at 8:30 a.m., at Department 28 in the Spring
Street Courthouse. The final status conference is set for March 15, 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.