Motion to Continue Trial filed by Defendants Royce Lamar Cobb and Nichole C. Cobb

TENTATIVE

The motion to continue trial and related deadlines is granted. Trial is continued to December 11, 2023.

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 to continue trial, arguing good cause exists because Defendants sought to reserve a hearing for their motion for summary judgment (MSJ), but the first available date was not until November 6, 2023, which is after the trial date of January 24, 2023. Defendants argue they have a "statutory right to bring a summary judgment motion." (Polibrid Coatings, Inc. v. Superior Court (2003) 112 Cal.App.4th 920, 923.)

Plaintiff argues that Defendants had ample time to file an MSJ but have delayed in doing so. Further, Plaintiff argues, defense counsel substituted in on or about May of 2021. New counsel had over a year to contemplate and file their MSJ. Plaintiff argues he will be severely prejudiced if a continuance is granted. Plaintiff also argues that Defendants cannot prevail on their MSJ.

The Court finds that there is good cause for continuing the trial date as Defendants’ MSJ, which was timely filed, is set after the current trial date, and that was the first available date due to the Court’s congested calendar. While Plaintiff argues he will suffer prejudice by a continuance he has not explained how.  Moreover, as Plaintiff points out, defense counsel only recently substituted into this case as of May of 2021. Lastly, the Court declines to address the merits of the MSJ in this motion. Thus, the motion is granted. Trial is continued to December 11, 2023.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to December 11, 2023. Discovery cut-off and motion cut-off dates shall be based on the new trial date.

Moving party is ordered to give notice.