Judge: Mark E. Windham, Case: 22STLC02236, Date: 2024-03-04 Tentative Ruling

Case Number: 22STLC02236    Hearing Date: March 4, 2024    Dept: 26

Ames v. Rosas, et al

MOTION TO CONTINUE TRIAL DATE

(CRC RULE 3.1332)

TENTATIVE RULING:

Defendant Luis Rosas’ Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO NOVEMBER 5, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. DISCOVERY AND MOTION CUTOFF DATES TO FOLLOW THE NEW TRIAL DATE.

ANALYSIS:

Plaintiff Robert Ames (“Plaintiff”) filed the instant action for conversion, breach of contract, promissory fraud, and discrimination.

against Defendant Luis Rosas (“Defendant”) on April 4, 2022. Defendant filed an answer on July 10, 2023. Trial is set for hearing on April 3, 2024.

Defendant filed the instant Motion to Continue Trial on February 26, 2024. 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 April 3, 2024, because he has been out of the country for the last few months for a family medical emergency. (Motion, Rosas Decl., ¶3.) Defendant will also be out of the country on the current trial date. (Id. at ¶6.) Plaintiff has stipulated to a continuance of approximately six months. (Id. at Exh. 1.) These circumstances are reasonable grounds to continue the trial date. There have no been any prior continuances. 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 Luis Rosas’ Motion to Continue the Trial Date is GRANTED. TRIAL IS CONTINUED TO NOVEMBER 5, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. DISCOVERY AND MOTION CUTOFF DATES TO FOLLOW THE NEW TRIAL DATE.

Court clerk to give notice.