Judge: Serena R. Murillo, Case: 19STCV30935, Date: 2022-08-30 Tentative Ruling

Case Number: 19STCV30935    Hearing Date: August 30, 2022    Dept: 29

Liyanage Roshan Perera v. Jennifer Lopez, et al.

Tuesday, August 30, 2022 

TENTATIVE

Defendants’ motion to continue trial is GRANTED. Trial is continued to April 24, 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

Defendants move to continue trial, arguing that they timely filed a motion for summary adjudication, but the first available hearing date on the Court Reservation System was on February 22, 2023, which is after the current trial date of November 30, 2022. Defendants have established that good cause supports a trial continuance as: (1) Defendants argue there is good cause as a trial continuance is defendants’ sole remedy to have their Motion for Summary Adjudication heard prior to trial, (2) the interests of justice are best served by allowing defendants to exercise their statutory right to resolve undisputed issues without the expense and time of trial, (3) plaintiff will not be prejudiced, (4) defendants only request a short continuance that is absolutely necessary to have their MSA heard, and (5) defendants submit their request almost four months in advance of trial. (See Cal. Rules of Court, rule 3.1332(d).)

The Court finds there is good cause to continue trial so that Defendants’ motion for summary judgment can be heard. Further, the motion is unopposed and thus, it does not appear that Plaintiff would be prejudiced by a continuance. As such, Defendants’ motion is granted. Trial is continued to April 24, 2023.

Conclusion

Accordingly, the motion to continue trial and related dates is GRANTED. Trial is continued to April 24, 2023.

Moving party is ordered to give notice.