Judge: Daniel M. Crowley, Case: 21STCV36340, Date: 2023-02-22 Tentative Ruling

Case Number: 21STCV36340    Hearing Date: February 22, 2023    Dept: 28

Defendants Avo Amirian and Siroush Amirian’s Motion to Continue Trial

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

BACKGROUND

On October 1, 2021, Plaintiff Juan Matute (“Plaintiff”) filed this action against Defendant Avo Amirian (“Avo”) for negligent retention of control and premises liability. Plaintiff later amended the complaint to include Defendant Siroush Amirian (“Siroush”).

On February 3, 2022, Defendants filed answers.

On January 17, 2023, Defendants filed a Motion to Continue Trial to be heard on February 22, 2023. On February 7, 2023, Plaintiff field an opposition.

Trial is currently scheduled for April 3, 2023.

PARTY’S REQUESTS

Defendants requests the Court continue trial 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,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. 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

Defendants request the Court continue trial so that their MSJ may be heard prior to trial. Trial is scheduled for April 3, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by March 4, 2023. In order for the MSJ to be heard by that date, it needed to be served by December 19, 2022. The MSJ was filed on December 16, 2022, before the required date of service. Plaintiff wrongly asserts the MSJ was untimely—it was not. The Court cannnot deprive Defendants right to a MSJ hearing simply due to the Court’s busy calendar. (Cole v. Superior Court (2022) 87 Cal.App.5^th 84, 88-89; Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529.) The Court finds good cause and grants the motion.

CONCLUSION

Defendants Avo Amirian and Siroush Amirian’s Motion to Continue Trial is GRANTED. Trial is continued to April 20, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is April 6, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates are set to trail 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.