Judge: Lisa R. Jaskol, Case: 22STCV07483, Date: 2023-06-29 Tentative Ruling

Case Number: 22STCV07483    Hearing Date: June 29, 2023    Dept: 28

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

BACKGROUND 

On March 1, 2022, Plaintiff Antjonette Jones (“Plaintiff”) filed a complaint against Defendant Negah Dabestani (“Defendant”) for motor vehicle and general negligence. 

On March 30, 2023, Defendant filed an answer. 

On May 12, 2023, Defendant filed a motion to continue trial, which is currently scheduled for August 29, 2023.  Plaintiff has not filed an opposition. 

PARTY’S REQUEST    

Defendant requests that the Court continue the August 29, 2023 trial date to February of 2024. Defendant also requests that all related deadlines be continued in accordance 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 


Defendant moves for an order to continue the trial date of August 29, 2023 to February 2024.  The trial date has not previously been continued.

Defendant argues a continuance is needed because Plaintiff did not serve Defendant with the complaint until March of 2023 and Defendant still needs Plaintiff’s discovery responses, deposition, independent medical examination and other discovery.

Without prejudging any motion to compel discovery responses, based on Defendant’s unopposed motion and supporting declaration, the Court finds good cause to continue the trial.

CONCLUSION 

The motion to continue trial is GRANTED.  The August 29, 2023 trial date is continued to February 22, 2024 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.  The August 15, 2023 Final Status Conference is continued to February 8, 2024 at 10:00 a.m. in Department 28.  All discovery and expert cutoff dates are continued to reflect the new trial date.

Defendant is ordered to give notice of this ruling. 

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