Judge: Gregory Keosian, Case: BC720808, Date: 2023-01-18 Tentative Ruling

Case Number: BC720808    Hearing Date: January 18, 2023    Dept: 61

MOTION TO CONTINUE TRIAL

“In passing on the motion for a continuance, which rests to a great extent in the sound discretion of the trial court, the trial judge may inquire into the merits of the defense, pass on any questions presented as to any possible prejudice to either of the parties which would result from granting or denying the motion, and determine whether there is good cause therefor.” (Schwartz v. Magyar House, Inc. (1959) 168 Cal.App.2d 182, 188–89.)

Defendant and Cross-Complainant Noesis Group, LLC (Defendant) seeks to continue trial in this action. Defendant contends that it added six new subcontractor cross-defendants to its cross-complaint as of October 26, 2022, and because these subcontractors are anticipated to appear in this action, additional time is necessary to allow them to prepare their defenses. (Motion at p. 5.) The current trial date is April 11, 2023, and the requested continuance is 90 to 120 days. (Motion at p. 6.) The current parties have stipulated to this continuance. (Jeffery Decl. Exh. 1.)

Defendant has demonstrated good cause for this continuance. Continuing the trial date would allow new cross-defendants to prepare their defenses. The requested continuance is brief, and it is not sought on the eve of already-scheduled trial. The parties have stipulated to such a continuance, and no prejudice is likely to result.

The motion is therefore GRANTED.