Judge: Serena R. Murillo, Case: 20STCV06563, Date: 2023-01-19 Tentative Ruling

Case Number: 20STCV06563    Hearing Date: January 19, 2023    Dept: 29

Background

On February 18, 2020, Plaintiff Carmen G. Hernandez filed this action against Defendant Bodega Latina Corp. for premises liability, stemming from a slip and fall at Defendant’s market that occurred on May 7, 2018.

On December 21, 2022, Defendant filed this motion to continue trial.  On January 4, 2023, Plaintiff filed an opposition. On January 10, 2023, defendant filed a reply.

Trial is set for January 25, 2023.

Summary

            Moving Arguments

Defendant moves to continue trial for three months, arguing good cause exists because Plaintiff served supplemental discovery responses on December 7, 2022 – which were months late - reflecting fourteen additional treating providers and an additional $326,518.42 in medical expenses. Plaintiff’s document production appears to be incomplete, and Defendant is entitled to subpoena medical records to verify the accuracy of plaintiff’s claimed medical expenses and treatment. Defendant has issued additional subpoenas to the newly identified providers, however, to comply with the Code and to allow the facilities sufficient time to produce the records, the date of production for the subpoenaed records is January 24, 2023 – which is after the currently scheduled Final Status Conference and one day before the currently scheduled trial. Additionally, the parties are currently meeting and conferring over Plaintiff’s supplemental responses. An informal discovery conference (“IDC”) is currently set for April 18, 2023, which is three months post-trial. There were no other earlier available dates for this IDC on the Court’s docket.

            Opposing Arguments

Plaintiff argues that Defendant’s Motion is not timely and defective, in violation of C.C.P. Section 1005. Plaintiff argues that Defendant has not demonstrated good cause according to C.C.P. Section 2024.050 to continue trial and all related pre-trial deadlines. Plaintiff’s cervical surgical procedure was performed on September 16, 2021; over 15 months ago. Therefore, Defendant’s subpoenas for plaintiff’s medical records along with Defendant’s IDC hearing does not amount to a necessity or reason to continue trial and all related pre-trial deadlines. Defendant’s conduct in attempting to flood the court with law and motion and alleged discovery issues is just a last ditch attempt to continue trial and reopen discovery so it can notice Plaintiff’s defense medical examination, which it failed to do. Defendant’s diligence, or lack thereof, does not support good cause to grant Defendant’s Motion.

            Reply Arguments

In addition to the reasons set forth in the motion as to why defendant believes the supplemental document production is incomplete, defendant learned on January 5, 2023, that plaintiff received a right shoulder surgery sometime between December 8, 2022 and January 4, 2023. (Declaration of Bessie Mafud [“Mafud Dec.”], ¶ 6.)

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 to continue trial for three months, arguing good cause exists because Plaintiff served supplemental discovery responses on December 7, 2022 reflecting fourteen additional treating providers and an additional $326,518.42 in medical expenses. Plaintiff’s document production appears to be incomplete, and Defendant is entitled to subpoena medical records to verify the accuracy of plaintiff’s claimed medical expenses and treatment. Defendant has issued additional subpoenas to the newly identified providers, however, to allow the facilities sufficient time to produce the records, the date of production for the subpoenaed records is January 24, 2023 – which is after the currently scheduled Final Status Conference and one day before the currently scheduled trial. Additionally, the parties are currently meeting and conferring over Plaintiff’s supplemental responses. An informal discovery conference (“IDC”) is currently set for April 18, 2023, which is three months post-trial. There were no other earlier available dates for this IDC on the Court’s docket.

Plaintiff argues that Defendant has not demonstrated good cause according to C.C.P. Section 2024.050 to continue trial and all related pre-trial deadlines. Plaintiff’s cervical surgical procedure was performed on September 16, 2021; over 15 months ago. Therefore, Defendant’s subpoenas for plaintiff’s medical records along with Defendant’s IDC hearing does not amount to a necessity or reason to continue trial and all related pre-trial deadlines. Plaintiff argues Defendant is attempting to reopen discovery because it failed to complete a medical examination of plaintiff.

In reply, Defendant argues that in addition to the reasons set forth above as to why defendant believes the supplemental document production is incomplete, defendant learned on January 5, 2023, during the deposition of Dr. Neil Ghodara, that plaintiff received a right shoulder surgery sometime between December 8, 2022 and January 4, 2023. Given the recent discovery of plaintiff’s newly identified treating providers, additional treatment, and now two surgeries, defendant noticed plaintiff’s IME for February 23, 2023.

The Court finds good cause to continue trial as Defendant still needs to complete discovery as to Plaintiff’s injuries, which is necessary. Moreover, Defendant has adequately explained that it did not lack diligence as the recommendation for shoulder surgery was not previously disclosed. Additionally, Plaintiff has not explained how a continuance would prejudice him other than delaying trial. A three-month continuance would not prevent the case from going to trial as Plaintiff argues. Thus, the motion is granted. Trial is continued to April 25, 2023.

Conclusion
 
Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to April 25, 2023. Discovery and motion cut-off dates shall be based on the new trial date.

Trial is set for April 25, 2023, at 8:30 AM. 

Final Status Conference is set for April 11, 2023, at 10:00 AM.

Moving party is ordered to give notice.