Judge: Lisa R. Jaskol, Case: 22STCV01654, Date: 2023-11-29 Tentative Ruling

Case Number: 22STCV01654    Hearing Date: November 29, 2023    Dept: 28

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

BACKGROUND 

On January 14, 2022, Plaintiffs Ricardo Corona and Jovanni Giron Ramirez filed this action against Defendants JHP Produce, Inc., Bonifacio Alvarez, and Does 1-20 for motor vehicle tort and general negligence. 

On April 24, 2023, Defendants JHP Produce, Inc. and Bonifacio Alvarez (“Defendants”) filed an answer. 

On May 3, 2023, the Court granted the parties’ stipulated request to continue the trial from July 14, 2023 to November 16, 2023, with all discovery and motion cut-off dates to be based on the new trial date. 

On August 1, 2023, the Court granted the parties’ stipulated request to continue the trial from November 16, 2023 to January 19, 2024, with all discovery and motion cut-off dates to be based on the new trial date. 

On October 26, 2023, Defendants filed a motion to continue the trial and corresponding deadlines, to be heard on November 29, 2023.  Counsel for Plaintiffs and counsel for Defendants each signed the motion and provided supporting declarations. 

The trial is currently scheduled for January 19, 2024. 

PARTIES’ REQUEST 

Defendants and Plaintiffs request that the Court continue the trial to June 13, 2024 or the next available date and set related dates to correspond with 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 

Plaintiffs filed this action on January 14, 2022, but did not serve Defendants until March 2023. After Defendants filed their answer, the parties had only 10 months to prepare for trial. The parties are currently conducting discovery.  All parties agree to the continuance. 

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

CONCLUSION 

The Court GRANTS the motion to continue the trial and related dates filed by Defendants JHP Produce, Inc. and Bonifacio Alvarez.  Trial is continued to June 13, 2024, at 8:30 a.m., in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to May 30, 2024, at 10:00 a.m. in Department 28 in the Spring Street Courthouse. All related dates and deadlines will be based on 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.