Judge: Lisa R. Jaskol, Case: 21STCV06066, Date: 2023-08-08 Tentative Ruling

Case Number: 21STCV06066    Hearing Date: September 28, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On February 16, 2021, Plaintiff D’cameron Granger (“Plaintiff”) filed this action against Defendants Alex Emmanuel Azor and Does 1-10 for negligence. 

On August 2, 2021, Plaintiff amended the complaint to include Defendant Lyft Inc. as Doe 1. 

On June 30, 2022, Defendant Lyft, Inc. filed an answer. 

On May 16, 2023, Plaintiff amended the complaint to include Defendant Hertz Vehicles LLC as Doe 2 (“Hertz”).  On August 31, 2023, Hertz filed an answer. 

On August 31, 2023, Hertz filed a motion to continue the trial and all trial-related dates, to be heard on September 28, 2023.  No opposition has been filed. 

Trial is currently scheduled for November 9, 2023. 

PARTY’S REQUEST 

Hertz requests that the Court continue the trial to October 2024. 

LEGAL STANDARD 

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. 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(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,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. 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(d).) 

DISCUSSION 

Hertz requests that the Court continue the trial and related trial dates to give Hertz time to conduct discovery.  Although Plaintiff filed the complaint on February 16, 2021, Plaintiff did not amend the complaint to name Hertz as a defendant until May 16, 2023. 

Based on this delay, Hertz moved to dismiss.  On August 8, 2023, the Court denied Hertz’s motion, noting that Hertz could seek appropriate continuances to ensure it could prepare its defense. 

Plaintiff brought Hertz into the case with just a few months to conduct discovery before the scheduled trial date.  The Court finds good cause to continue the trial and related dates. 

CONCLUSION 

The Court GRANTS Defendant Hertz Vehicles LLC’s motion to continue the trial and related dates.  Trial is continued to October 10, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse.  The Final Status Conference is September 26, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse.  All dates and deadlines are set to trail the new trial date. 

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.