Judge Mark E. Windham, Case Number: 20STLC00106, Date: 2023-12-13 Tentative Ruling

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Defendants Zane A. Giella and Frank Giella’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO JULLY 15, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. DISCOVERY AND MOTION CUTOFF DATES TO FOLLOW THE NEW TRIAL DATE.

Plaintiff Angelique Vasquez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Zane Giella and Frank Giella (“Defendants”) on January 6, 2020. The matter was originally set for trial on July 6, 2021. When Plaintiff failed to appear at trial, the Court dismissed the Complaint without prejudice. (Minute Order and Order of Dismissal, 07/06/21.) On April 5, 2022, the Court granted Plaintiff’s motion to vacate the dismissal and set an order to show cause for May 23, 2022. (Minute Order, 04/05/22.) Defendants filed an answer on July 18, 2022. On December 13, 2022, the Court re-set trial for August 23, 2023. (Minute Order, 12/23/22.)

On June 26, 2023, the Court granted Defendants’ motion to continue the trial date and set trial for February 13, 2024. (Minute Order, 06/26/23.) Defendants filed the instant Motion to Continue Trial on October 31, 2023. The motion was set for hearing on November 28, 2023 and continued to December 13, 2023 with notice waived. (Minute Order, 11/28/23.) No opposition has been filed to date.

“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 cause requiring the continuance.” (Cal. Rules of Court, Rule 3.1332, subd. (c).) The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial. (See generally, Cal. Rules of Court, Rule 3.1332, subd. (d)(1)-(11).) Additionally, factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application. (Cal. Rules of Court, Rule 3.1332, subds. (c), (d).)

Defendants argue that good cause exists for a continuance of the trial date, which is currently set for February 13, 2024, because discovery is not complete and depositions have not yet been taken. (Motion, Hillier Decl., ¶¶6-7 and Exh. B.) These circumstances are reasonable grounds to continue the trial date. There have been two prior continuances but there is no prejudice to Plaintiff, who stipulates to the continuance. Based on the foregoing, the Court finds that the factors of Rule 3.1332 weigh in favor of the requested continuance of the trial date. That being said, the Court notes that this action was filed almost four years ago and any additional requests for a trial continance will be strongly disfavored.

Defendants Zane A. Giella and Frank Giella’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO JULY 15, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. DISCOVERY AND MOTION CUTOFF DATES TO FOLLOW THE NEW TRIAL DATE.