Judge: Serena R. Murillo, Case: 19STCV27997, Date: 2022-12-19 Tentative Ruling

Case Number: 19STCV27997    Hearing Date: December 19, 2022    Dept: 29

TENTATIVE

Defendant Millard Mall Services, Inc.’s Motion to Continue Trial is GRANTED.

Legal Standard

              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. (Ibid.)  

              Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances, (2) the unavailability of a party because of death, illness, or other excusable circumstances, (3) the unavailability of trial counsel because of death, illness, or other excusable circumstances, (4) the substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice, (5) the addition of a new party if the new party has not had a reasonable opportunity to conduct discovery and prepare for trial, or if the other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case, (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. (Ibid.)

              In ruling on the motion, the Court must consider all the facts and circumstances relevant to the determination.  Courts 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).)  

              Additionally, factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; the proximity of the trial date; 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).)

Discussion

              Defendant moves to continue trial and all related pre-trial dates for four months.

              Defendant states good cause exists to continue the trial because despite their efforts, the parties have not yet completed discovery and do not expect to complete discovery in the time available prior to the current trial date. Defendant’s Motions to Compel responses to Supplemental Interrogatories and Supplemental Document Requests are set for January 23, 2023, just 10 days prior to the current trial date. Moreover, the parties have stipulated to continue trial and have agreed to participate in private mediation with mediator Mark Kramer on February 21, 2023, which is after the current trial date of February 2, 2023. Based on this, the Court finds there is good cause to continue the trial date. The motion is GRANTED.

Conclusion

              Defendant’s motion is GRANTED. Trial is continued from February 2, 2023 to April 19, 2023 at 8:30 a.m., and the FSC is continued from January 19, 2023 to April 5, 2023 at 10:00 a.m. All discovery and motion cutoff dates to follow the new trial date.

              Defendant to give notice.