Judge: Douglas W. Stern, Case: BC714498, Date: 2022-08-15 Tentative Ruling
Case Number: BC714498 Hearing Date: August 15, 2022 Dept: 52
Tentative Ruling
Defendant
Los Angeles Dodgers LLC’s Motion to Continue Trial
Defendant Los Angeles Dodgers LLC moves to
continue the trial set for August 31, 2022, to January 31, 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).) The failure of the parties
and their counsel to diligently prepare for trial is not good cause to continue
the trial. (Kuhland v. Sedgwick (1860) 17 Cal. 123, 128 [“The
absence of evidence is no cause for a continuance, unless reasonable diligence
has been used to procure it”]; People v. Grant (1988) 45 Cal.3d 829, 844
[a defendant’s failure to diligently prepare for trial is not good cause for a
continuance].)
Defendant contends there
is good cause due to an “excused inability to obtain essential testimony,
documents, or other material evidence despite diligent efforts.” (Rule
3.1332(c)(6).) Defendant shows no
diligence in conducting discovery.
Defense counsel states that the parties still need to take over 10
depositions, including “[t]he principal parties,” because “[m]ultiple efforts
to take these depositions have been thwarted by the pandemic and its
after-effects.” (Jackson Decl., ¶ 2.)
Defense counsel makes
only a generic excuse. He gives no
specifics and does not show what discovery has been done and what attempts have
been made to complete the remaining discovery.
This case was filed on July 17, 2018, nearly two years before the
pandemic began.
Defendant also contends there is good
cause because defense counsel will be trying another case from approximately
July 26 to August 23. (Jackson Decl., ¶
3.) Good cause to continue a trial includes “[t]he unavailability of trial
counsel because of death, illness, or other excusable circumstances.” (Cal. Rules of Court, rule 3.1332(c)(3).) The court finds that defense counsel Jerome
M. Jackson’s unavailability until shortly before the August 31 trial date
constitutes good cause for a brief continuance.
The motion
is granted in part.
The court
hereby continues the final status conference from August 22, 2022, to October
10, 2022, at 9:00 a.m. The court hereby
continues the jury trial from August 31, 2022, to October 26, 2022, at 10:00
a.m.