Judge: Daniel M. Crowley, Case: 21STCV38664, Date: 2023-02-08 Tentative Ruling
Case Number: 21STCV38664 Hearing Date: February 8, 2023 Dept: 28
Defendant Dan Brown’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On October 20, 2021, Plaintiff Valerie Roberts (“Plaintiff”) filed this action against Defendants Kimberlee Kim White (“White”), Dan Brown (“Brown”) and Synergy Interactive LLC (“Synergy Interactive”) for general negligence, strict liability, gross negligence and/or recklessness and premises liability.
On February 3, 2022, Plaintiff filed the FAC. Plaintiff later amended the FAC to include Syngery Interactiv LLC, a.k.a. Synergy Interactiv (“Synergy Interactiv”).
On June 2, 2022, Plaintiff filed the SAC.
On July 5, 2022, Synergy Interactive filed an answer and a Cross-Complaint against Cross-Defendant Brown for equitable indemnity, apportionment of fault, declaratory relief and comparative negligence. On August 4, 2022, the Court dismissed Brown, without prejudice, pursuant to Synergy Interactive’s request.
On July 6, 2022, Brown filed an answer and a Cross-Complaint against Cross-Defendants Roes 1-100 for implied and equitable indemnity, contribution and declaratory relief.
On August 15, 2022, White filed an answer.
On January 4, 2023, Brown filed a Motion to Continue Trial to be heard on February 8, 2023.
Trial is currently scheduled for April 19, 2023.
PARTY’S REQUESTS
Brown requests the Court continue trial to at least December 18, 2023.
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
Brown requests the Court continue trial so that his MSJ may be heard prior to trial. Trial is scheduled for April 19, 2023; in order for the MSJ to be heard prior to the current trial date, the MSJ must be heard by March 20, 2023. In order for the MSJ to be heard by that date, it needed to be served by December 30, 2022. The MSJ was filed on December 22, 2022, before the required date of service. The Court finds good cause and grants the motion. However, the Court will not continue trial to December of 2023—a MSJ must only be heard at least 30 days prior to the trial date. The MSJ is scheduled for August 17, 2023. There is no need to continue trial an additional 100 days after the MSJ. The Court instead grants a shorter continuance.
CONCLUSION
Defendant Dan Brown’s Motion to Continue Trial is GRANTED. Trial is continued to September 28, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 18, 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.