Judge: Lisa R. Jaskol, Case: 21STCV36128, Date: 2023-09-08 Tentative Ruling

Case Number: 21STCV36128    Hearing Date: September 8, 2023    Dept: 28

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

BACKGROUND 

On October 1, 2021, Plaintiff Adrian Morales (“Plaintiff”) filed this action against Defendants C.R. England Inc. and Louis Michael Baltazar for negligence, negligence per se and negligent entrustment of motor vehicle. 

On November 12, 2021, Defendants filed an answer. 

On July 31, 2023, Plaintiff filed a motion to continue the trial and related dates, to be heard on September 8, 2023.  No opposition has been filed. 

Trial is currently scheduled for September 29, 2023. 

PARTY’S REQUEST 

Plaintiff requests the Court continue the trial to March 29, 2024 or the next available date and continue related motion and discovery dates to trail the new trial date. 

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 

The parties have agreed to participate in a mediation on February 2, 2024. Plaintiff requests that the Court continue the trial until after the mediation.  The Court finds good cause and continues the trial and final status conference. 

In his declaration, Plaintiff’s counsel states that “the parties have met and conferred and have stipulated to this request for a continuance of the [trial] date, FSC dates and all related motion/discovery dates based off of the new trial date.” (Declaration of Jonathan Farahi ¶ 5.)  Based on this representation, the Court continues and reopens related motion and discovery deadlines to trail the new trial date. 

CONCLUSION 

The Court GRANTS Plaintiff Adrian Morales’s motion to continue the trial and related dates.  The Court continues the trial to July 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 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.