Judge: Kerry Bensinger, Case: 20STCV19759, Date: 2023-05-24 Tentative Ruling

Case Number: 20STCV19759    Hearing Date: May 24, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 24, 2023                         TRIAL DATE:  June 8, 2023

CASE:                                Olivia Francine Rivas v. Cecilia Plockier

CASE NO.:                 20STCV19759

MOTION TO CONTINUE TRIAL

MOVING PARTY:               Defendant Cecilia Plockier and Plaintiff Olivia Francine Rivas

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On May 22, 2020, Plaintiff, Olivia Francine Rivas, filed this action against Defendant, Cecilia Plockier, arising from a August 15, 2018 motor vehicle collision.

On May 3, 2023, the parties filed this joint motion to continue the trial date and all trial related dates for a period of at least 90 days because Defendant and plaintiff’s counsel’s schedules conflict with the current trial date.

On May 17, 2023, the parties appeared for the Final Status Conference.  Pursuant to oral stipulation, the Final Status Conference was continued to May 24, 2023 and the May 24, 2023, trial date was continued to June 8, 2023 so that the parties’ joint motion to continue trial could be heard.

As the deadline to complete discovery has already passed, the Court construes the request to set all trial related dates to the new current date as a motion to reopen discovery.

II.        LEGAL STANDARDS

A.    Continue Trial

California Rules of Court, rule 3.1332, subdivision (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 California Rules of Court, rule 3.1332, subd. (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.  (Cal. Rules of Court, rule 3.1332, subd. (d).) 

B.     Reopen Discovery¿ 

Except as otherwise provided, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action.¿ (Code Civ. Proc., § 2024.020, subd. (a).)¿ On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.¿ This motion shall be accompanied by a meet and confer declaration demonstrating a good faith effort at informal resolution.¿ (Code Civ. Proc., § 2024.050, subd. (a).)¿¿¿¿ 

The court shall take into consideration any matter relevant to the leave requested, including, but not limited to: (1) the necessity and the reasons for the discovery, (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier, (3) any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party, and (4) the length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action.”¿ (Code Civ. Proc., § 2024.050, subd. (b).)¿ 

III.      DISCUSSION

Defendant argues good cause exists to continue the trial date because Defendant and Plaintiff’s counsel are unavailable to appear at the current June 8, 2023 trial date.  Specifically, Defendant has a pre-planned and pre-paid international vacation and Plaintiff’s counsel has other cases scheduled to proceed to trial on the same date.  (See Declaration of Zachary J. Mikucki.)¿ For these reasons, the parties seek a trial continuance. 

Based on the foregoing, the Court finds there is good cause for a trial continuance.  As Plaintiff joins this motion, no prejudice will result from continuing the trial date.  However, Defendant does not discuss or explain why trial related dates should be set to the new trial date, or more specifically, why discovery should be reopened.  Defendant does not demonstrate good cause to reopen discovery.  Accordingly, all trial related dates remain set to the trial date of May 24, 2023.

IV.       CONCLUSION 

The motion to continue trial is GRANTED.  The Final Status Conference scheduled for May 24, 2023, is CONTINUED to August 16, 2023 at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for June 8, 2023 is CONTINUED to August 29, 2023 at 08:30 a.m. in Department 27 of the Spring Street Courthouse.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates remain set to the trial date of May 24, 2023.        

Moving party to give notice. 

Dated:   May 24, 2023                                                ___________________________________

                                                                            ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.