Judge: Serena R. Murillo, Case: 19STCV38337, Date: 2023-01-30 Tentative Ruling

Case Number: 19STCV38337    Hearing Date: January 30, 2023    Dept: 29

TENTATIVE

Defendants motion to continue trial is GRANTED. Trial is continued to October 9, 2023. All discovery and motion cut-off dates shall be based on the new trial date.

Legal Standard

California Rules of Court, rule 3.1332, subdivision (c) states that 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).) 

Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings. In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates. (Code Civ. Proc. § 2024.050.)

Discussion

Defendant moves for a trial continuance, arguing that good cause exists as additional time I required to complete discovery including taking the deposition of Defendant’s Person Most Qualified with Production of Documents at deposition, and for the resolution/adjudication of outstanding discovery disputes at an informal discovery conference scheduled for April 7, 2023. Plaintiff argues Defendant’s employee did not appear at her deposition on December 19, 2022. Further, there is a motion to compel deposition reserved in May.

The Court finds there is good cause to continue trial. Granting the continuance will allow the parties to engage in discovery, or resolve their discovery disputes. Moreover, Defendant has filed a notice of non-opposition and requests that if a continuance is granted, the date be after its own motion for a protective order. Thus, trial is continued to October 9, 2023. All discovery and motion cut-off dates shall be based on the new trial date.

Conclusion

Accordingly, the motion to continue trial is GRANTED. Trial is continued to October 9, 2023. All discovery and motion cut-off dates shall be based on the new trial date.

Trial is set for 10/09/2023 at 8:30 AM.

Final Status Conference is set for 09/25/2023 at 10:00 AM.

Moving party is ordered to give notice.