Judge: Daniel M. Crowley, Case: 22STCV06732, Date: 2023-01-27 Tentative Ruling

Case Number: 22STCV06732    Hearing Date: January 27, 2023    Dept: 28

Defendant Michaels Stores, Inc.’s Motion to Continue Trial

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

BACKGROUND

On February 23, 2022, Plaintiff Ardis Ann Oliver (“Plaintiff”) filed this action against Defendants Michaels Stores, Inc. (“MS”), Michaels Arts and Crafts Store (“MACS”), Seventy-Fifth LLC (“Seventy-Fifth”), 18000 Chatsworth Street (“Chatsworth”) and Robert Stirzel (“Stirzel”) for general negligence and premises liability.

On May 5, 2022, MS filed an answer.

On July 13, 2022, Seventy-Fifth filed an answer and a Cross-Complaint against Cross-Defendant Roes 1-50 for equitable indemnity, contribution, apportionment of fault and declaratory relief.

On December 9, 2022, MS filed a Motion to Continue Trial to be heard on January 27, 2023. On January 9, 2023, Plaintiff filed an opposition.

Trial is currently scheduled for January 30, 2023.

PARTY’S REQUESTS

MS requests the Court continue trial 90 to 120 days.

Plaintiff requests the Court only grant a 30 to 45 day continuance.

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.” 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

Parties previously stipulate to trial preference based on the fact that Plaintiff is 82 years old, advancing the trial date from August 23, 2023, to January 17, 2023.

MS requests a trial continuance based on the fact they have not been able to complete the discovery process as Plaintiff has failed to provide timely discovery. MS has multiple upcoming motions to compel discovery responses. MS has yet to conduct Plaintiff’s IME or deposition due to the lack of responses, as MS cannot properly evaluate the claim.

Plaintiff requests a trial continuance of at most 45 days, noting that she has since served discovery and appeared for a deposition. 45 days would be adequate time to conduct the requested PMK depo.

Given that there was a stipulation for trial preference, the Court will grant a short continuance so that MS can finish discovery. Should MS need another continuance due to Plaintiff’s lack of response, the Court might be amenable to granting another continuance at that time.

CONCLUSION

Defendant Michaels Stores, Inc.’s Motion to Continue Trial is GRANTED. The trial date is continued to March 17, 2023, at 8:30 a.m., at Department 28 in the Spring Street Courthouse. The final status conference is set for March 3, 2023, at 10:00 a.m., at Department 28 in the Spring Street Courthouse. All pretrial dates are continued, based on 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.