Judge: Daniel M. Crowley, Case: 21STCV36236, Date: 2023-01-31 Tentative Ruling

Case Number: 21STCV36236    Hearing Date: January 31, 2023    Dept: 28

Cross-Defendant Costa Del Sol Entreprises's Motion to Continue Trial

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

BACKGROUND

On September 30, 2021, Plaintiff Juan Alvarez-Ayala (“Plaintiff”) filed this action against Defendant Super Center Concepts, Inc. (“Defendant”) for premises liability.

On October 4, 2021, Plaintiff filed the FAC.

On November 31, 2021, Defendant filed an answer and a Cross-Complaint against Cross-Defendant Costa Del Sol Enterprises (“Cross-Defendant”) for equitable indemnity, declaratory relief and contribution. On August 26, 2022, Cross-Defendant filed an answer.

On December 14, 2022, Cross-Defendant filed a Motion to Continue Trial to be heard on January 31, 2023.

Trial is currently scheduled for March 30, 2023.

PARTY’S REQUESTS

Cross-Defendant requests the Court continue trial to January 2024. All parties have stipulated to this continuance.

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

Cross-Defendant requests the Court grant a continuance, as all parties have stipulated to a 9-month continuance. Cross-Defendant was not served with the Cross-Complaint until June 2022, giving less than a year to prepare for trial. This is the first continuance requested by parties.

The Court will grant a six-month continuance. According to the personal injury standing order, parties can only stipulate for a six-month continuance. The Court does not find there are extenuating circumstances to mandate a nine-month continuance at this time.

CONCLUSION

Cross-Defendant Costa Del Sol Entreprises's Motion to Continue Trial is GRANTED. The trial date is continued to October 3, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for September 19, 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.