Judge: Kerry Bensinger, Case: 21STCV43699, Date: 2023-05-04 Tentative Ruling

Case Number: 21STCV43699    Hearing Date: May 4, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 4, 2023                           TRIAL DATE:  May 30, 2023

CASE:                         Juanita Nunez v. 99 Cents Only Stores, LLC

CASE NO.:                 21STCV43699

MOTION TO CONTINUE: (1) TRIAL DATE; (2) FINAL STATUS CONFERENCE;

AND (3) REOPEN DISCOVERY AND MOTION CUT-OFF DATES

MOVING PARTY:               Defendant 99 Cents Only Stores, LLC

RESPONDING PARTY(S): N/A

I.          BACKGROUND

            On November 30, 2021, Plaintiff Juanita Nunez filed this action against Defendant 99 Cents Only Stores, LLC for general negligence.  Plaintiff alleges that she was lawfully on Defendant’s premises when Defendant’s employee ran by her and struck Plaintiff, causing severe injury and pain.

            On April 10, 2023, Defendant filed this motion to continue trial and to reopen discovery and motion cut-off dates.  The motion is unopposed.

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).) 

Notwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parties, a continuance or postponement of a trial¿or arbitration¿date extends any deadlines that have not already passed as of March 19, 2020, applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions in the same matter. The deadlines are extended for the same length of time as the continuance or postponement of the trial date.¿ (Code Civ. Proc., § 599.)¿ 

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 and reopen discovery because Plaintiff’s counsel sent a Life Care Plan (“LCP”), prepared by Plaintiff’s doctor on March 5, 2023, which was sent to Defendant on March 15, 2023.  The LCP alleges more than $868,000 in future medical costs.  The LCP also discloses for the first time a neck surgery that Plaintiff underwent and lists many of Plaintiff’s medical providers that were not identified in written discovery.  Based on the new information, Defendant issued 30 new subpoenas which are still being processed.  (Anz Decl., ¶¶ 3-5.)¿ Accordingly, Defendant requests that the trial be continued to November 28, 2023, or to a date convenient to the Court, and to set all related deadlines to the new trial date to allow Defendant to address the recently discovered information and prepare for mediation and, if necessary, trial.

Based on the foregoing, the Court finds there is good cause for a trial continuance and to reopen discovery.  Plaintiff’s recent disclosure of new information which bear on her damages requires that Defendant be given more time to prepare for mediation and for trial.¿¿Given that this is the first trial continuance in this matter and Plaintiff has not opposed this motion, the Court further finds that no prejudice will result from a trial continuance.

IV.       CONCLUSION 

Defendant 99 Cents Only Stores, LLC’s motion to continue the trial date and to reopen discovery is GRANTED.   The Final Status Conference scheduled for May 16, 2023, is CONTINUED to December 4, 2023 at 10:00 a.m. in Department 27 of the Spring Street Courthouse, and the Non-Jury Trial scheduled for May 30, 2023 is CONTINUED to December 18, 2023 at 08:30 a.m. in Department 27 of the Spring Street Courthouse.  Discovery is reopened.  All discovery cut-off dates, all pretrial deadlines including discovery, expert, and motion cut-off dates are set to the new trial date of December 18, 2023.          

Moving party to give notice. 

Dated:   May 4, 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.