Judge: Michael Shultz, Case: 23STCV0564, Date: 2025-06-13 Tentative Ruling
Case Number: 23STCV0564 Hearing Date: June 13, 2025 Dept: 40
23STCV05645
David Gastelo v. Automobile Club of Southern California, et al.
Friday, June
13, 2025
[TENTATIVE] ORDER
I.
BACKGROUND
The
complaint, filed on March 14, 2023, alleges that Plaintiff’s insurer acted in
bad faith while handling Plaintiff’s claim for fire damage to real and personal
property. Plaintiff alleges related claims against other entities for breach of
contract, interfering the insurance contract and other torts.
II. MOTION TO CONTINUE TRIAL
Defendant, HVAC Investigators, LLC (“Defendant”) requests a
continuance of the current trial date of August 26, 2025 and related dates
because the parties diligently worked to set up a mediation with Hon. Peter
Searle (Ret.), which is currently scheduled for September 11, 2025. All counsel
have agreed to the continuance except Plaintiff’s counsel refuses to sign the
proposed stipulation.
This case involves two related cases, and the parties have all
agreed to a global mediation. Defendant requests a 60-90 day continuance. No
party will suffer prejudice from the continuance. This is the first request for
a trial continuance. The case is not ready for trial because discovery, expert
discovery, and depositions have yet to be completed, but the parties
contemplated holding off until the global mediation went forward.
Defendant timely served the motion on all other counsel, and no
opposition has been filed.
III. LEGAL STANDARDS
Trial
continuances are ordinarily disfavored, however, each request for a continuance
is considered on its own merits. The court may grant a continuance only upon an
affirmative showing of good cause requiring the continuance. Cal. Rules of
Court, Rule 3.1332. In ruling on a motion, the court considers all facts and
circumstances relevant to that determination including, in relevant part, (1)
the proximity of the trial date, (2) prior continuances, (3) the length of the
continuance requested, (4) the availability of alternative means to address the
problem giving rise to the motion to continue, (5) any prejudice that parties
or witnesses will suffer as a result of the continuance, (6) the court's
calendar and the impact of granting a continuance on other pending trials, (7) whether all parties have stipulated to a
continuance, (8) whether the interests of justice are best served by a
continuance, by the trial of the matter, or by imposing conditions on the
continuance, and (9) any other fact or circumstance relevant to the fair
determination of the motion. (Cal Rules of Court, Rule 3.1332.)
IV.
DISCUSSION
Defendant has shown good cause for
a continuance of trial given the parties’ intent to participate in mediation of
this case and two related cases. This is the first request for a continuance
and no party has opposed the request.
V.
CONCLUSION
Based
on the foregoing, the Defendant’s motion is GRANTED. The court sets the
following dates:
Final
Status Conference:
Trial
Date:
All
fact and expert discovery and trial-related deadlines will be based on the
continued trial date.