Judge: Daniel M. Crowley, Case: 21STCV38725, Date: 2023-02-09 Tentative Ruling
Case Number: 21STCV38725 Hearing Date: February 9, 2023 Dept: 28
Defendant Michel Levy’s Motion to Continue Trial
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On October 20, 2021, Plaintiffs Sigalit Benabou (“Sigalit”) and Aharon Benahou (“Aharon”) filed this action against Defendant Michel Levy (“Defendant”) for general negligence and premises liability.
On December 28, 2021, Defendant filed an answer. On August 18, 2022, Defendant filed a Cross-Complaint against Cross-Defendants Sigalit and Arik Erets (“Erets”) for negligence and comparative equitable indemnity. On September 27, 2022, Sigalit and Aharon filed an answer.
On January 4, 2023, Defendant filed a Motion to Continue Trial to be heard on February 9, 2023.
Trial is currently scheduled for April 19, 2023.
PARTY’S REQUESTS
Defendant request the Court continue trial to January 19, 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
Defendant has recently changed the previously reserved date for his MSJ of February 17, 2023, to September 1, 2023, due to Plaintiffs and Cross-Defendants' failure to comply with and provide essential discovery. For example, Erets failed to bring multiple requested documents to his deposition of the subject location immediately before the subject fire. Erets also has only been made available for shorter sessions, and given that Erets needs a Hebrew interpreter, made scheduling further depositions difficult. Given that discovery has been delayed despite Defendant’s due diligence, the Court finds good cause to grant a continuance based on the newly reserved MSJ date.
CONCLUSION
Defendant Michel Levy’s Motion to Continue Trial is GRANTED. Trial is continued to October 10, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 26, 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.