TENTATIVE

The motion to continue trial and related dates is GRANTED. Trial is continued to March 29, 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 and all related deadlines including discovery cut-off dates, arguing that Defendants have diligently worked to consolidate this case with Young v. Kwong, 20STCV33097. Defendants filed a Motion to Consolidate on April 16, 2021. The Court denied the motion, finding that the cases were not deemed related because they involved different accidents that occurred over one year apart. Defendants argue they contacted the clerk to explain that these cases do, in fact, involve the same accident. Plaintiff’s complaint included two separate vehicle collisions that occurred one year apart. Defendants’ counsel explained to the clerk that the unrelated motor vehicle accident which was the subject of Plaintiff Frierson’s first and second causes of action had been dismissed after reaching a settlement, leaving only the accident in the last cause of action against Defendants, which is the same accident as the Young v. Kwong matter. The clerk informed Defendants that a motion would be required to consolidate these matters. However, the first available hearing date on the Motion to Consolidate is January 30, 2023, after the October 4, 2022 trial date currently set in this matter. 

Plaintiff argues in opposition that there is no good cause this case was previously continued for a period of almost one year and a half from the original trial date of May 20, 2021, to October 4, 2022. This was done so that Defendants can have the matters deemed related and then have the matters consolidated. Seventeen months later and the matters have not yet been consolidated. Plaintiff argues any further delay will result in prejudice to her. If a continuance is granted, Plaintiff requests only a 120-day continuance.

The Court finds there is good cause to continue trial so that Defendants’ motion to consolidate, which is currently set to be heard after the trial date can be heard. Plaintiff has not explained how a brief continuance would cause her prejudice. Thus, the motion is granted. Trial is continued to February 27, 2023. Related deadlines are to correlate with the new trial date.

Conclusion

Accordingly, the motion to continue trial and related dates is GRANTED. Trial is continued to March 29, 2023.

Moving party is ordered to give notice.