Judge: Michael E. Whitaker, Case: 20STCV22340, Date: 2023-04-07 Tentative Ruling

Case Number: 20STCV22340    Hearing Date: April 7, 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

Defendant FBD Vanguard Construction, Inc. (Defendant) moves to continue the trial, which is currently set for May 5, 2023, for 90 days.  Plaintiffs Paul Herrera and Chrissy Romo-Herrera (collectively, Plaintiffs) join in Defendant’s motion to continue trial.

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, Defendant seeks a continuance of trial to accommodate discovery regarding a recently filed lien, as well as in consideration of Defendant’s counsel’s unanticipated personal circumstances.  Defendant relies on the declaration of its counsel, Jeremy Beal (Counsel), in support of the instant motion.  Counsel states that Lien Claimant Robertson’s Ready Mix, Ltd (Robertson) filed a Notice of First Lien and Special Notice of Lien on February 22, 2023.  (Declaration of Jeremy Beal, ¶¶ 1, 6.)  Robertson asserts a first lien in the amount of $104,431.12.  (Declaration of Jeremy Beal, ¶¶ 1, 6.)  Counsel concludes that critical discovery regarding the lien will be more readily available through formal discovery.  (Declaration of Jeremy Beal, ¶¶ 1, 8, 10.)  Counsel further states that he is the trial attorney for this matter and has been unable to prepare thoroughly for trial in light of recent unforeseen family circumstances.  (Declaration of Jeremy Beal, ¶¶ 2, 11.). Counsel explains that Defendant was not served until one year after the filing of this matter, and the previous trial continuance was issued to remedy Plaintiff’s tardy service.  (Declaration of Jeremy Beal, ¶¶ 3, 13, 15.)  Additionally, Counsel attests that Defendant has been diligent in the discovery process, including serving written discovery, conducting an independent medical examination, and participating in a mediation scheduled on March 15, 2023.  (Declaration of Jeremy Beal, ¶¶ 4, 17.)

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

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion to continue trial and orders as follows:

·         The trial date, currently set for May 5, 2023, is continued to August 8, 2023 at 8:30 AM in Department 32. [1] 

·         The Final Status Conference, currently set for April 21, 2023, is continued to July 24, 2023 at 10:00 AM in Department 32.

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

Defendant shall provide notice of the Court’s ruling and file a proof of service of such.