Judge: Serena R. Murillo, Case: 19STCV44703, Date: 2023-01-30 Tentative Ruling
Case Number: 19STCV44703 Hearing Date: January 30, 2023 Dept: 29
TENTATIVE
Defendants motion to continue trial is GRANTED. Trial is continued to December 4,
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
Defendants
move for a trial continuance to December 2023, arguing that good cause exists
as Plaintiff has still not responded to initial discovery despite
repeated requests. Defense counsel therefore filed a Motion to Compel, but the
earliest date on the Court’s calendar was 5/31/2023 and 6/8/2023, which was
reserved. Since these dates are one day before the trial date, defense counsel
appeared ex parte on an application to advance the hearing date for Defendant’s
motion to compel responses, which was denied. Furthermore, Defendants wish to
mediate this matter and/or attempt informal settlement negotiations prior to
trial; however, the defense cannot commit to mediating until the completion of
discovery, so as to evaluate the case.
The Court finds there is good cause to continue trial. Granting the
continuance will allow Defendants to engage in discovery, as it is in its early
stages. Further, the Court notes that Defendants have only appeared in this
case in July of 2022 and thus, need additional time to litigate the case.
Moreover, Plaintiff has not filed an opposition and thus, it does not appear
Plaintiff would be prejudiced by a continuance. Thus, trial is continued to December 4,
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 December 4,
2023. All discovery and motion cut-off dates shall be based on the new trial
date.
Final Status Conference is set for 11/20/2023 at 10:00 AM.
Moving party is ordered to give notice.