Judge: Daniel M. Crowley, Case: 21STCV40494, Date: 2023-03-07 Tentative Ruling

Case Number: 21STCV40494    Hearing Date: March 7, 2023    Dept: 28

Defendant Celine Duenas’s Motion to Continue Trial

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

BACKGROUND

On November 3, 2021, Plaintiffs Bryant Daniel Torres Carrillo (“Carillo”) and Samantha Reyes (“Reyes”) filed this action against Defendant Celine Duenas (“Defendant”) for negligence.

On January 31, 2023, Defendant filed an answer.

On February 3, 2023, Defendant filed a Motion to Continue Trial to be heard on March 7, 2023.

Trial is currently scheduled for May 3, 2023.

PARTY’S REQUESTS

Defendant requests 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 the complaint was originally filed on November 3, 2021, Plaintiffs did not attempt to serve Defendant until January 10, 2023. Plaintiffs attempted service at an improper address, but Defendant recently volunteered an answer. Due to this substantial delay, parties will only have approximately 4 months to conduct discovery. The Court finds good cause to grant the requested trial continuance to allow parties to appropriately prepare for trial.

CONCLUSION

Defendant Celine Duenas’s Motion to Continue Trial is GRANTED. Trial is continued to February 5, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is January 22, 2024, 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.