Judge: Douglas W. Stern, Case: 21STCV29383, Date: 2022-08-22 Tentative Ruling
Case Number: 21STCV29383 Hearing Date: August 22, 2022 Dept: 52
Tentative Ruling
Defendant
Hawker Pacific Aerospace’s Motion to Continue Trial and Related Deadlines
Defendant Hawker Pacific Aerospace
moves to continue the trial to September 13, 2023. Along with this motion, defendant filed a
joint stipulation and proposed order to continue the trial. On July 27, 2022, the court signed the order and
continued the trial from March 15, 2023, to April 26, 2023.
Defendant
fails to show good cause to further continue the trial to September 2023. “To ensure the prompt disposition of civil
cases, the dates assigned for a trial are firm.” (Cal. Rules of Court,
rule 3.1332(a).) “The court may grant a continuance only on an
affirmative showing of good cause requiring” it. (Rule 3.1332(c).)
Defendant wants to
continue the trial so the parties can conduct a mediation. “The parties reserved January 9, 2023 for
mediation” (Chavez Dec., ¶ 8), so there is no need for a further continuance on
that basis.
Defendant
also contends the parties need more time to conduct discovery. An “excused inability to obtain essential
testimony, documents, or other material evidence despite diligent efforts” may
constitute good cause to continue a trial. (Rule 3.1332(c)(6).)
Defendant fails to show diligence in
conducting discovery. Defendant states
only, “Both parties have diligently engaged in discovery in this matter. Both parties have propounded and responded to
written discovery in this matter, including Requests for Admissions, Special
Interrogatories, Request for Production of Documents, Form Interrogatories
(General), Form Interrogatories (Employment).”
(Chavez Decl., ¶ 9.)
Those are merely the first steps of
conducting discovery in an employment case.
Plaintiff filed this action on August 10, 2021, and defendant answered
on September 28, 2021. There has been
ample time to complete discovery.
The motion is denied.