Judge: Daniel M. Crowley, Case: 21STCV37093, Date: 2023-02-09 Tentative Ruling

Case Number: 21STCV37093    Hearing Date: February 9, 2023    Dept: 28

Defendant Frederick Gletten’s Motion to Continue Trial

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

BACKGROUND

On October 7, 2021, Plaintiff Justin Stein (“Plaintiff”) filed this action against Defendants Daimler Trust LSR (“Trust”), Frederick Gletten (“Gletten”) and Khaleef Jamari Alleyne-Nicholas (“Nicholas”) for motor vehicle negligence and general negligence.

On December 2, 2022, Gletten filed an answer and a Cross-Complaint against Cross-Defendants Nicholas and Len Anthony (“Anthony”) for indemnity, apportionment of fault and declaratory relief.

On December 27, 2022, Trust filed an answer. On January 10, 2023, the Court dismissed the Trust, with prejudice, pursuant to Plaintiff’s request.

On January 13, 2023, Gletten filed a Motion to Continue Trial to be heard on February 9, 2023.

Trial is currently scheduled for April 6, 2023.

PARTY’S REQUESTS

Gletten request the Court continue trial to February 5, 2024.

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

Although Plaintiff initially filed the complaint in October 2021, it was not served on Gletten until November 9, 2022, only approximately 5 months prior to the current trial date. Gletten requests a continuance in order to conduct discovery and file a Motion for Summary Judgment prior to the current trial date, neither of which are viable given the short time frame. Gletten notes he has reserved a MSJ date of October 10, 2023. The Court will grant a continuance based on this MSJ date but will not grant an additional 4-month continuance after this date.

CONCLUSION

Defendant Frederick Gletten’s Motion to Continue Trial is GRANTED. Trial is continued to November 16, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is November 2, 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.