Judge: Lisa R. Jaskol, Case: 21STCV31618, Date: 2023-09-13 Tentative Ruling

Case Number: 21STCV31618    Hearing Date: September 13, 2023    Dept: 28

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

BACKGROUND 

On August 26, 2021, Plaintiffs Elizabeth Linares and Heisy Carias filed this action against Defendants Jose Guadalupe Gonzalez, Gonzalez Building and Maintenance, and Does 1-100 for motor vehicle tort and general negligence. 

On October 21, 2022, Defendants Jose Guadalupe Gonzalez and Jose Gonzalez dba Gonzalez Building and Maintenance (“Defendants”) filed an answer. 

On August 2, 2023, Defendants filed a motion to continue trial to be heard on September 13, 2023. 

Trial is currently scheduled for October 23, 2023. 

PARTIES’ REQUESTS 

Defendants request that the Court continue the trial to March 2024 and continue the final status conference and related dates. 

All parties have stipulated to this request. 

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 

On the recommendation of her doctor, Defendants’ counsel needs to stop working for 30 to 60 days to recover from injuries she suffered in March 2023.  Counsel may need surgery and does not know when she can return to work.  All parties have stipulated to the continuance. 

The Court finds good cause to grant the continuance.  The Court grants the motion. 

CONCLUSION 

The Court GRANTS the motion of Defendants Jose Guadalupe Gonzalez and Jose Gonzalez dba Gonzalez Building and Maintenance to continue the trial and related dates.  The Court continues the trial to March 29, 2024, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is March 15, 2024, at 10:00 a.m.  All related motion and discovery dates will trail the new trial date. 

Moving parties are ordered to give notice of this ruling. 

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