Judge: Mark E. Windham, Case: 21STLC06100, Date: 2022-12-22 Tentative Ruling

Case Number: 21STLC06100    Hearing Date: December 22, 2022    Dept: 26

Jackson v. Sloan’s Dry Cleaners, et al.

CONTINUE TRIAL DATE

(CRC RULE 3.1332)

TENTATIVE RULING:

Defendant Sloan’s Dry Cleaner’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO JUNE 1, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. MOTION AND DISCOVERY CUT-OFF DATES TO FOLLOW THE NEW TRIAL DATE.

ANALYSIS:

On August 19, 2021, Plaintiff Nicole Jackson (“Plaintiff”) filed the Complaint in this action against Defendant Sloan’s Dry Cleaners (“Defendant”). Proof of service of the Summons and Complaint filed with the Court shows that Defendant was served with the papers on April 28, 2022. (Proof of Service, filed 06/15/22, ¶¶3-4.)

Defendant filed the instant Motion to Continue Trial Date on November 21, 2022. No opposition has been filed to date.

Discussion

“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).)

Defendant argues that good cause exists for a continuance of the trial date, which is currently set for February 16, 2023, because Plaintiff served the Summons and Complaint late and defense counsel will be out of the country on the trial date. (Motion, Longoria Decl., ¶¶2-3.) These are reasonable grounds to continue the trial date, given there has been no continuance and there is no apparent prejudice to Plaintiff. 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.

Conclusion

Defendant Sloan’s Dry Cleaner’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO JUNE 1, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. MOTION AND DISCOVERY CUT-OFF DATES TO FOLLOW THE NEW TRIAL DATE.

Moving party to give notice.