Judge Margaret Miller Bernal, Case 21STCV04176 2022-08-05 Tentative Ruling

Judge: Margaret Miller Bernal, Case: 21STCV04176, Date: 2022-08-05 Tentative Ruling

Case Number: 21STCV04176 Hearing Date: August 5, 2022 Dept: SEF

PADILLA v. BROOKFIELD HEALTHCARE CENTER

CASE NO.: 21STCV04176

HEARING: 08/05/22

TENTATIVE ORDER

Defendant DOWNEY COMMUNITY CARE, LLC’s Motion to Continue Trial and Related Discovery Dates is GRANTED in part.

Moving Party to give Notice.

This elder abuse and wrongful death action was filed by Plaintiffs CARMEN PADILLA; LETICIA PADILLA; JOSE PADILLA; JESUS PADILLA; ISMAEL PADILLA; and ALFREDO PADILLA (collectively “Plaintiffs”) on February 2, 2021.

Defendant DOWNEY COMMUNITY CARE, LLC (“Defendant”) now moves to continue trial and the related discovery and motion deadlines to April 24, 2023, or a date thereafter. Trial is currently set for November 7, 2022. Defendant argues that a trial continuance is necessary in order to allow the parties to conduct additional necessary discovery, and to allow time for Defendant to file a Motion for Summary Judgment: “The continuance is necessary and justified because discovery is ongoing and Defendant requires more time to conduct depositions and written discovery, file dispositive motions, and retain expert witnesses in order for Defendant to adequately prepare for meaningful settlement negotiations and prepare the case for trial. As it stands, the current trial date would force Defendant to file a Motion for Summary Judgment/Adjudication on or before Friday, July 22, 2022, without the deposition testimony of Plaintiffs and decedent’s primary care physician.” (Ex Parte 2:15-20.) In Reply, Defendant indicates that Plaintiffs’ depositions have been noticed for September 2022, and that Defendant’s counsel is engaged in other trials throughout November 2022.

In Opposition, Plaintiffs argue that Defendant’s Motion should be denied because

Defendant’s need for a trial continuance is a result of its own dilatory conduct: “Defendant has had approximately 18 months to conduct its discovery, engage experts and prepare whatever motions it wished to file. In that time, Defendant has conducted only one round of written discovery…. Since then, Defendant has failed to notice or take any depositions, conduct any other discovery or engage experts….” (Opp. 2:23-27.) Plaintiffs contend that Defendant has not established good cause for a continuance, and that none of the discretionary factors under Rule 3.1332(d) apply.

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good case requiring the continuance. Circumstances that may indicate good cause include…. (3) The unavailability of trial counsel because of death, illness, or other excusable circumstances… (6) A party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” (CRC Rule 3.1332(c).)

The Motion is GRANTED in part on the basis that Defendant’s trial counsel is unavailable during the current trial date. The Court does not find, however, that a six month continuance from November of 2022 to April 2023 is warranted. Importantly the Motion is not granted to accommodate Defendant’s ambiguous desire to file a Motion for Summary Judgment—to date, no Motion for Summary Judgment has been filed, nor has a date for a Motion for Summary Judgment hearing been reserved. In Sentry Ins. Co. v. Sup. Ct. (1989) 207 Cal.App.3d 526, the Court held that it was an abuse of discretion for a trial court to refuse a trial continuance to permit hearing a timely-filed motion for summary judgment. As it stands, the facts of Sentry are distinguishable from the instant case.

A continuance to a date sometime in January 2023 is reasonable (depending on the Court and the parties’ availability). Based on counsel’s representations that discovery is ongoing, the discovery cut-off is tied to the new trial date. The Court will confer with counsel at the hearing in order to select new MSC (if desired), FSC, and Trial dates.