TENTATIVE RULING

Defendants/Cross-Complainants 237 Windward, LLC and A. J. Khair Construction, Inc.’s Motion to Continue Trial is GRANTED.

Trial is continued to be determined at hearing. The Final Status Conference is continued to to a date to be determined at the hearing. All related discovery deadlines are per the new trial date.

Defendants/Cross-Complainants 237 Windward, LLC and A. J. Khair Construction, Inc. to give notice.

REASONING

California Rules of Court, rule 3.1332(b), provides 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,” and the motion or application must be made “as soon as reasonably practical once the necessity for the continuance is discovered.”

Rule 3.1332(c) of the California Rules of Court provides the “[c]ircumstances that may indicate good cause” to continue the trial, and rule 3.1332(d) provides “the facts and circumstances that are relevant to the determination,” which includes: which the Court may consider when evaluating a motion to continue trial, includes:

(1)  The proximity of the trial date;

(2)  Whether there was any previous continuance, extension of time, or delay of trial due to any party;

(3)  The length of the continuance requested;

(4)  The availability of alternative means to address the problem that gave rise to the motion or application for a continuance;

(5)  The prejudice that parties or witnesses will suffer as a result of the continuance;

(6)  If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay;

(7)  The court's calendar and the impact of granting a continuance on other pending trials;

(8)  Whether trial counsel is engaged in another trial;

(9)  Whether all parties have stipulated to a continuance;

(10)  Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and

(11)  Any other fact or circumstance relevant to the fair determination of the motion or application.

Defendants/Cross-Complainants 237 Windward, LLC and A. J. Khair Construction, Inc. (“Defendants”) moves the Court for an order continuing the trial date in this action, which is currently set for May 28, 2024. Defendants state that repairs to Plaintiffs Bryan Buckley and Kiana Madani, as Trustees of the Madani Buckley Trust, dated May 29, 2019 (“Plaintiffs”)’s home are not completed, and when they are completed, the parties will need to engage in discovery regarding Plaintiffs’ damages claims. On February 9, 2024, defense counsel filed a stipulation indicating that all parties agreed to continue the trial date because the case will not be ready for trial on May 28, 2024.

The Court finds good cause to continue the trial date. In the absence of continuance of the trial date, the parties will be forced to proceed with trial preparation without sufficient discovery, and all parties agree that a continuance is necessary to properly prepare for trial. This will be the third continuance of the trial date, but the Court is unaware of any facts demonstrating potential prejudice to any party if this continuance is granted, and there is good cause to continue the trial date. The Court advises the parties that no further continuances will be granted short of a legitimate emergency. 

Accordingly, Defendants/Cross-Complainants 237 Windward, LLC and A. J. Khair Construction, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to be determined at the hearing. The Final Status Conference is continued to a date to be determined at the hearing. All related discovery deadlines are per the new trial date.