TENTATIVE RULING

Plaintiff Prophyles, Inc.’s Motion to Continue Trial and All Related Dates 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.

Plaintiff Prophyles, 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.

Plaintiff Prophyles, Inc. (“Plaintiff”) moves the Court for an order continuing the trial date in this action, which is currently set for June 30, 2025. Plaintiff argues that it experienced financial insolvency after filing the complaint, which impacted its ability to actively pursue the case; very little discovery has been completed, especially by Plaintiff due to its insolvency; no depositions have been conducted, again due to insolvency issues; Plaintiff recently substituted its legal counsel; Plaintiff’s new counsel has conflicts with the existing trial date; and Plaintiff intends to file a motion for leave to file a Second Amended Complaint based on discovery of new facts and evidence if the trial is continued. Defendant opposes the motion on the ground that the parties have already produced documents and responses to discovery with enough evidence and information as to the specific matter, and Plaintiff has not acted with due diligence to obtain more evidence to support its complaint. Defendant also argues that Plaintiff delayed in obtaining new counsel.

The Court finds good cause to continue the trial date. Plaintiff’s counsel is entitled to the time it may take to fully prosecute this action, and in the absence of continuance of the trial date, Plaintiff’s counsel will be forced to engage in trial without adequate preparation. Moreover, Plaintiff represents that new counsel is unavailable on the current trial date. While Plaintiff’s arguments regarding insolvency delays are unavailing given that Plaintiff chose when to file this action, and the Court generally does not continue a trial because a party intends to file a motion to amend a pleading, the interests of justice are best served by a continuance to allow counsel to become fully up to speed with this action before trial. There have been no prior continuances of the trial date, and this action is not so old that a single continuance will prejudice any party. 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, Plaintiff Prophyles, Inc.’s Motion to Continue Trial and All Related Dates is GRANTED. Trial is continued at the hearing. The Final Status Conference is continued at hearing. All related discovery deadlines are per the new trial date.