Judge: Maurice A. Leiter, Case: 23STCV04534, Date: 2024-07-01 Tentative Ruling

Case Number: 23STCV04534    Hearing Date: July 1, 2024    Dept: 54

Hearing Date: July 1, 2024

Department 54, Judge Maurice Leiter

Motion to Continue Trial

Moving Party: Defendants A&Y International Global, Inc. and Adrian Nasimi

Responding Party: None

T/R:     DEFENDANTS’ MOTION TO CONTINUE TRIAL IS GRANTED.

DEFENDANTS TO NOTICE.

The Court considers the moving papers. No opposition has been received.

While trial continuances are generally disfavored, pursuant to CRC Rule 3.1332(c), circumstances that indicate good cause for a continuance include “[a] party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” (CRC Rule 3.1332(c)(6).) Factors the Court may consider include, “[t]he proximity of the trial date,” “[w]hether there was any previous continuance, extension of time, or delay of trial due to any party,” and “[t]he length of the continuance requested.” (CRC Rule 3.1332(d).)

Defendants move to continue trial and the related deadlines on the grounds that Defendant Fred Kim has recently had open heart surgery and will be unavailable for discovery for at least two months, Defendants intend to file a cross-complaint; Defendants assert the facts giving rise to the cross-complaint were only recently discovered when certain Korean-language documents provided in discovery were translated.

The Court finds good cause to continue trial. Plaintiff does not oppose this motion. Defendants’ motion is GRANTED. The Court will set a new trial date at the hearing.