Judge: Michael E. Whitaker, Case: 19STCV26050, Date: 2023-04-05 Tentative Ruling

Case Number: 19STCV26050    Hearing Date: April 5, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

Intervenor North American Capacity Insurance Company (NAC) moves to continue the trial, and all trial-related dates, which is currently set for May 25, 2023, to a date in late January or early February of 2024.  The motion is unopposed.    

ANALYSIS

 “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”  (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)  A trial court has broad discretion in considering a request for a trial continuance.  (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)  California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial.  Whether the parties have stipulated to the postponement is a relevant factor for consideration.  (See Code Civ. Proc., § 595.2, but see Lorraine v. McComb (1934) 220 Cal. 753, 756-757 [finding a stipulation to be merely “directory”].)  

Here, NAC seeks a continuance of trial in light of its recent filing of a First Amended Complaint in Intervention (FACII), and Defendant in Intervention Bryan Rabin, Inc.’s (Rabin) intention to challenge the recently filed FACII.  Further, NAC advances a stipulation signed by NAC, Rabin, and Plaintiff Summer Healy-Chapin (Healy-Chapin), agreeing to the requested trial continuance.  The stipulation sets forward the following: (1) Defendant Service Concierge, Inc. (SCI) was discovered to be a suspended corporation; (2) on September 13, 2022, the Court granted the ex parte application of NAC to intervene on behalf of SCI; (3) NAC filed a Complaint in Intervention on September 16, 2022, and served said Complaint upon Rabin on October 14, 2022; (4) after meeting and conferring with Rabin, NAC agreed to file an FACII, and filed and served said FACII on January 12, 2023; and (4) Rabin intends to further challenge the FACII.

Accordingly, the Court finds NAC has shown good cause for a trial continuance pursuant to California Rules of Court, rule 3.1332.

CONCLUSION AND ORDER

Therefore, the Court grants NAC’s motion to continue trial and all trial related dates and orders as follows:

·         The trial date, currently set for May 25, 2023, is continued to February 2, 2024 at 8:30 AM in Department 32.

·         The Final Status Conference, currently set for July 14, 2023, is continued to January 18, 2024 at 10:00 AM in Department 32.

·         All discovery and pre-trial motion cut-off dates shall be based upon the new trial date of February 2, 2024.

·         Per the Discovery Act, the parties shall meet and confer forthwith to schedule and complete all non-expert discovery and to prepare for the completion of expert discovery to obviate the need for a further continuance of the trial. 

·         No further continuance of the trial absent sufficient good cause. 

NAC shall provide notice of the Court’s orders and file a proof of service of such.