Judge Olivia Rosales, Case 22NWCV00027 2023-01-25 Tentative Ruling

Judge: Olivia Rosales, Case: 22NWCV00027, Date: 2023-01-25 Tentative Ruling

Case Number: 22NWCV00027 Hearing Date: January 25, 2023 Dept: SEF

QUINTERO v. JIMENEZ

CASE NO.: 22NWCV00027

HEARING: 01/25/23

JUDGE: OLIVIA ROSALES

TENTATIVE ORDER

Plaintiffs’ and Cross-Defendants’ FRANCISCA L. QUINTERO and HILDA M. QUINTERO’s Motion for Trial Continuance is GRANTED.

Moving Parties to give Notice.

This action for partition was filed by Plaintiffs/Cross-Defendants’ FRANCISCO L. QUINTERO and HILDA M. QUINTERO (collectively “Plaintiffs”) on January 13 2022. On March 1, 2022, Defendants/Cross-Complainants VICTOR M. JIMENEZ and JULIETA M. ROMERO (collectively “Defendants”) filed a Cross-Complaint seeking quiet title.

Plaintiffs move for an order to continue trial and all corresponding pre-trial deadlines for six months. Trial is currently set for March 22, 2023. Plaintiffs argue that a sixth month continuance is necessary due to the substitution of new counsel for Plaintiffs on or about December 1, 2022; to permit Plaintiffs the opportunity to amend their Complaint; and to permit Plaintiffs the opportunity to complete discovery. Prior to the substitution of counsel, Plaintiffs had been representing themselves. There is a reserved hearing date of February 9, 2023 on Plaintiffs’ Motion for Leave to File an Amended Complaint. Plaintiffs indicate that a short continuance would also benefit Defendants because, at the time the Motion was filed, no written discovery had been propounded by Defendants.

In Opposition, Defendants argue that Plaintiffs’ failure to conduct discovery/prosecute their case do not warrant sufficient good cause for a continuance. Moreover, Defendants argue that they are entitled to move forward with trial on the date currently scheduled because Defendant Victor Jimenez is 85 years old and his health is “fragile.” (see V. Jimenez Decl., ¶¶2-6.)

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good case requiring the continuance. Circumstances that may indicate good cause include…. (6) A party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” (CRC Rule 3.1332(c).) The Court, in making its determination to continue the trial should consider the following factors: (1) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party (3) The length of the continuance requested; (4) The unavailability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) The prejudice that parties or witnesses will suffer as a result of the continuance; (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) The court’s calendar and the impact of granting a continuance on other pending trials; (8) Whether trial counsel is engaged in another trial; (9) Whether all parties have stipulated to a continuance; (10) 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 (11) Any other fact or circumstance relevant to the fair determination of the motion or application.” (CRC Rule 3.1332(d).)

The Court finds that a continuance of six months (depending on the Court and parties’ availabilities) is warranted due recent substitution of new counsel, and Plaintiffs’ pending/reserved Motion for Leave to File an Amended Complaint. Moreover, it is undisputed that discovery is ongoing. The Court notes that no Motion for Trial Preference has been filed/lodged/scheduled with this Court.

The Motion to Continue Trial for six months is GRANTED. All pre-trial deadlines will track the new trial date. The Court will confer with the parties at the hearing in order to select the new Trial date.