Judge: Lisa R. Jaskol, Case: 22STCV01681, Date: 2023-10-17 Tentative Ruling

Case Number: 22STCV01681    Hearing Date: October 17, 2023    Dept: 28

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

BACKGROUND 

On January 14, 2022, Plaintiff Clay Kirksey (“Plaintiff”) filed this action against Defendants Justin Lamb, Murray Company, Murray Plumbing and Heating Corporation, and Does 1-100 for motor vehicle tort. 

On April 26, 2023, Defendants Justin Lamb and Murray Plumbing and Heating Corporation (erroneously sued as Murray Company) (“Defendants”) filed an answer. 

On August 28, 2023, Defendants filed a motion to continue the trial to be heard on October 17, 2023.  Plaintiff has not filed an opposition. 

Trial is currently scheduled for January 18, 2024. 

PARTIES’ REQUEST 

Defendants request that the Court continue the trial to July 25, 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 

Plaintiff filed the complaint in January 2022 but did not serve Defendants until late March and early April 2023.  Defendants request additional time to complete discovery.  In addition, Defendants’ trial counsel will be on maternity leave from October 2023 to January 2024. The Court finds good cause and grants the requested continuance. 

CONCLUSION 

The Court GRANTS the motion to continue trial filed by Defendants Justin Lamb and Murray Plumbing and Heating Corporation (erroneously sued as Murray Company). Trial is continued to July 25, 2024, at 8:30 a.m. in Department 28 in the Spring Street Courthouse. The Final Status Conference is continued to July 11, 2024, at 10:00 a.m. in Department 28 in the Spring Street Courthouse. All other trial related 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.