Judge Serena R. Murillo, Case 20STCV06563 2023-04-20 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV06563, Date: 2023-04-20 Tentative Ruling

Case Number: 20STCV06563 Hearing Date: April 20, 2023 Dept: 29

TENTATIVE

The motion to continue trial and all related deadlines is GRANTED. Trial is continued to October 25, 2023. 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 to continue trial for five months, arguing good cause exists because Plaintiff has refused to appear for a Defense Medical Examination with defendant’s orthopedic expert Clive Segil, M.D. Defendant has reserved a Motion to Compel the Examination, but the earliest hearing date available is September 27, 2023, five months past the current trial date. Plaintiff previously served supplemental discovery responses reflecting fourteen additional treating providers and an additional $326,518.42 in medical expenses. Defendant thereafter subpoenaed plaintiff’s updated medical records to verify the accuracy of plaintiff’s claimed medical expenses and treatment. After receiving partial records, defense counsel forwarded the records to its expert, and scheduled an IME of plaintiff. However, plaintiff refused to comply with two demands for examination, and has forced defendant to file this motion. A brief trial continuance will allow Defendant to receive the additional subpoenaed medical records in time for trial and obtain a complete record of plaintiff’s treatment. If trial is not continued, Defendant will be severely prejudiced as it will not have a complete record of plaintiff’s treatment and will be forced into a position to rely on plaintiff’s word without having performed a thorough investigation.

The Court finds good cause to continue trial as Defendant still needs to conduct a defense medical examination of Plaintiff, and because Defendant recently discovered that Plaintiff underwent additional surgery, and treatment, requiring Defendant to sort through thousands of pages of medical records in a short amount of time. The additional treatment and surgery constitute a significant, unanticipated change in the status of the case preventing it from being ready for trial. Additionally, Plaintiff has not adequately explained how a continuance would prejudice her other than causing an emotional burden, and possibly incurring more costs. This is not the kind of prejudice the Court considers relevant. The parties are encouraged to cooperate with one another in order to conduct the necessary discovery in this case and proceed efficiently to trial. Further, Defendant is cautioned that it needs to complete its discovery as this case is nearing the four-year mark. Thus, the motion is granted. Trial is continued to October 25, 2023.

Lastly, Plaintiff’s request for sanctions against Defendant is not supported by any statutory authority and further, Defendant was not put on notice as Plaintiff has not requested it in her notice of motion. The request is denied.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to October 25, 2023 at 8:30 a.m.; FSC October 12, 2023 at 10:00 a.m. Discovery and motion cut-off dates shall be based on the new trial date.

Moving party is ordered to give notice.