Judge Mark E. Windham, Case 21STLC06957 2023-03-14 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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City of Long Beach v. Brandon Troy Buckner, et al.

MOTION TO CONTINUE TRIAL DATE

Plaintiff City of Long Beach’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO SEPTEMBER 21, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

On September 23, 2021, Plaintiff City of Long Beach (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendants Coreyon Tyshae Oakley and Brandon Troy Buckner (“Defendants”). Plaintiff filed Applications for Publication on Defendants on September 27, 2022, which were rejected. Plaintiff filed the instant Motion to Continue Trial Date on February 23, 2023. Applications for Publication were again filed on February 27, 2023 and granted on March 2, 2023.

“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).)

Plaintiff argues that good cause exists for a continuance of the trial date, which is currently set for March 23, 2023, because it is struggling to locate and serve Defendants in this action. (Motion, Russell Decl., ¶¶4-14 and Exhs. A-G.) Plaintiff also contends that it has re-filed the Applications for Publication and is awaiting those results. (Id. at ¶15.) The Court notes that these re-filed Applications are not reflected in the Court record at this time. However, these are reasonable grounds to continue the trial date, given there has been no continuance and there is no prejudice to Defendants. 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.

Plaintiff City of Long Beach’s Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO SEPTEMBER 21, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.