Judge: Serena R. Murillo, Case: 19STCV17027, Date: 2022-09-20 Tentative Ruling

Case Number: 19STCV17027    Hearing Date: September 20, 2022    Dept: 29

Evelyn Orellana et al. v. SGD Enterprises 

Motion to Continue Trial filed by Defendant SGD Enterprises

TENTATIVE

The motion to continue trial is GRANTED. Trial is continued to May 22, 2023.

Legal Standard

Although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.  (Id., Rule 3.1332(c).)   

Other relevant considerations may include: “(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 availability 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.”  (Id., Rule 3.1332(d).) 

Discussion

Defendant moves to continue trial, arguing good cause exists because Plaintiff has failed to appear for deposition. The first available date on the court’s calendar to hear a motion to compel deposition is February 27, 2023, which was reserved.

The Court finds there is good cause for a trial continuance as Defendant has not yet taken Plaintiff’s deposition and due to the court’s calendar, Defendant’s motion to compel Plaintiff’s deposition cannot be heard until after the trial date. Thus, the motion is granted.

Conclusion

Accordingly, the motion to continue trial is GRANTED. Trial is continued to May 22, 2023.

Moving party is ordered to give notice.