I. BACKGROUND 

On June 28, 2021, plaintiff Aurora Hernandez Rodriguez (“Plaintiff”) filed this action against defendants Gruma Corporation and Mission Foods for injuries arising from a slip and fall. Trial is currently set for June 11, 2024. 

Gruma Corporation dba Mission Foods, erroneously sued and served as Gruma Corporation and Mission Foods (“Defendant”) move to continue the trial date and all-related dates by six months to October 11, 2024, or to a date thereafter. Defendant avers that Plaintiff is in agreement with a trial continuance. (Pearlman Decl. at ¶ 21.) 

II. MOTION TO CONTINUE TRIAL 

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  (CRC Rule 3.1332(c).)  The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  (CRC Rule 3.1332(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, CRC Rule 3.1332(d)(1)-(11).)  Additional 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.  (CRC Rule 3.1332(c), (d).) 

Here, Defendant contends a trial continuance is necessary and agreed upon by both parties for a number of reasons. Plaintiff’s current counsel was retained on August 29, 2023, and Plaintiff received major back surgery that Defendant was unaware of until September 19, 2023. The parties had only been able to engage in meaningful discovery in late 2023, when Plaintiff’s current counsel provided Defendant with discovery and documents. Both parties require additional time to conduct further discovery, including  the subpoena of additional records, taking depositions, and propounding additional discovery. Further, the parties have a half-day mediation scheduled with Richard Carrington on April 9, 2024. 

This is the fourth request for a trial continuance, and the parties are in agreement. This action is not yet old. Based on the foregoing, the Court finds good cause to continue the trial date by the requested six months to allow the parties sufficient time to complete discovery prior to trial. Accordingly, Defendant’s motion to continue trial is GRANTED.   

III. CONCLUSION 

The June 11, 2024 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse. The May 28, 2024 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are continued to reflect the new trial date. The parties must plan all discovery and trial preparation accordingly.   

Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: 

Dated this 27th day of March 2024