On September 15, 2021, plaintiffs Humberto Guillen, Rafael Guillen, and Alejandro Guillen (“Plaintiffs”), filed this action against defendants Hideraldo Vieira and CDL Transport Services Inc. (collectively, “Defendants”).  The action arises out of a motor vehicle collision which occurred on September 16, 2019. 

On January 27, 2023, Defendants filed the instant motion to continue the trial to October 17, 2023, or any date thereafter.  No opposition has been filed. 

Trial is currently scheduled for ¿March 15, 2023¿.   

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).) 

Code of Civil Procedure, section 437c requires a Motion for Summary Judgment be made any time after 60 days have elapsed since the general appearance in the action.  The motion shall be heard no later than 30 days before trial, unless the Court, for good cause, orders otherwise.  Parties must serve notice of the motion and all supporting papers at least 75 days before the time appointed for hearing. 

Defendants seeks a trial continuance because (1) Defendants have been unable to depose all three Plaintiffs, (2) Defendants have filed motions to compel Plaintiffs’ depositions, which will be heard after the trial date, and (3) Defendants may need additional time to complete depositions, such as potential independent medical examinations.  (See Renaud Decl., ¶ 11.)  Trial is currently scheduled for March 15, 2023 and Defendants have reserved the dates of May 30, 2023 and June 6, 2023 for their motions to compel in-person depositions of all three Plaintiffs.  Thus, Defendants request a trial continuance to accommodate the May 30, 2023 and June 6, 2023 hearings and potential subsequent discovery.     

The Court finds Defendants have demonstrated good cause to continue the trial.  Defendants have reserved the dates of May 30, 2023 and June 6, 2023 for their motions to compel Plaintiffs’ depositions, which were the first available dates.  (Renaud Decl., ¶ 11.)  Moreover, the Court finds that a trial continuance will not prejudice the parties as no party has filed an opposition to Defendants’ instant motion. 

Accordingly, Defendants’ motion is GRANTED.  Trial is continued from March 15, 2023 to October 31, 2023 at 8:30 a.m. in Department 27.  The final status conference is continued from March 1, 2023 to October 17, 2023 at 10:00 a.m. in Department 27.  All pretrial deadlines including discovery and motion cut-off dates are to be based on the new trial date.    

Moving party to give notice.