Judge: Serena R. Murillo, Case: 19STCV33485, Date: 2022-09-07 Tentative Ruling

Case Number: 19STCV33485    Hearing Date: September 7, 2022    Dept: 29

Alon Elias v. Stephen Kahn

Wednesday, September 7, 2022 

TENTATIVE

The motion to continue trial and related dates is GRANTED. Trial is continued to May 2, 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 to May 2, 2023, arguing that good cause exists because discovery is not complete and depositions and physical examinations have not yet taken place yet due to Plaintiffs’ refusal to appear for deposition and physical examination. Despite diligent efforts to depose and examine Plaintiffs, Plaintiff Counsel’s firm has repeatedly shown a blatant pattern of discovery abuse. Thus, Defendant has filed motions to compel Plaintiff’s deposition and physical examination, which are set to be heard on January 31, 2023, and February 28, 2023, after the trial date of October 17, 2022. Further, Defendant argues that Plaintiff’s counsel has not provided any medical records or bills pertaining to Plaintiff Roz’s treatment and Defendant requires additional time to subpoena the necessary records and to complete the necessary discovery to fully evaluate Roz’s claim for settlement or prepare for trial.

The Court finds there is good cause to continue trial as discovery has not yet been completed. Further, the motions to compel are set after the trial date in this case. Lastly, the motion is unopposed and thus, it does not appear that Plaintiffs would be prejudiced by a continuance. As such, Defendant’s motion is granted. Trial is continued to May 2, 2023.

Conclusion

Accordingly, the motion to continue trial and related dates is GRANTED. Trial is continued to May 2, 2023.

Moving party is ordered to give notice.