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 a date 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.

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 January 27, 2025. Defendants state that they received expert findings regarding two construction companies’ improper billing practices, which raises concerns that the companies exaggerated expenses and overbilled for the remodeling work done pursuant to Plaintiffs Bryan Buckley and Kiana Madani, as Trustees of the Madani Buckley Trust, dated May 29, 2019 (“Plaintiffs”)’s production of repair costs in June 2024. Defendants argue that the current trial date does not provide adequate time to fully investigate these matters and prepare for trial, and Defendants also state that additional discovery remains outstanding, including depositions of critical witnesses and further analysis of key documents. In opposition to Defendants’ ex parte application for an order continuing the trial date, Plaintiffs argue that Defendants do not need a year continuance, they had not previously learned of alleged irregularities in billing practices, Defendants had access to these bills since June 2024, and they fail to explain why they need more time to review this issue or conduct depositions.

The Court notes that it stated in its prior order granting Defendants’ request to continue the trial date that no further continuances will be granted short of a legitimate emergency. Nonetheless, the Court finds good cause to continue the trial date. Defendants are entitled to the time it may take to fully defend against Plaintiffs’ claims, and in the absence of continuance of the trial date, Defendants will be forced to proceed with trial without sufficient discovery as to repairs. The Court advises the parties that no further continuances will be granted, and should there be discovery disputes before the trial date, the parties may be required to refer them to a discovery referee to expedite resolution of issues.

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