Judge Serena R. Murillo, Case 20STCV15305 2023-05-16 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV15305, Date: 2023-05-16 Tentative Ruling

Case Number: 20STCV15305 Hearing Date: May 16, 2023 Dept: 31

TENTATIVE

Motion to Continue Trial and Related Dates filed by Defendants Thomas Brown and Robert Brobst is GRANTED.

The July 10, 2023 trial date is continued to March 25, 2024 at 10:00 a.m. in Department 31 of the Stanley Mosk Courthouse. The June 27, 2023 Final Status Conference is continued to _March 12, 2024 at 9:00 a.m. in Department 31. All discovery and expert cutoff dates are continued to reflect 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. (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.” (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 Brown and Brobst move to continue the July 10, 2023 trial date by at least sixth months to allow time for Defendant Brown’s summary judgement to be heard and to complete Plaintiff’s deposition. (Quiller Decl., ¶ 6.) Defendant Brown filed a motion for summary judgement against the complaint, however the earliest hearing date available for the motion was June 26, 2023, less than 30 days before trial. (Id., at ¶¶ 4-5.) Further, Defendant El Camino CC District noticed Plaintiff’s deposition for June 7, 2023, which is only one month before the trial. (Id., at ¶ 6.) A trial continuance is therefore also necessary so moving Defendants can obtain the transcript from Plaintiff’s deposition in time to prepare for the summary judgement hearing and trial. (Ibid.)

No opposition has been filed by Plaintiff. Defendant El Camino CC District filed a response supporting moving Defendants’ motion and requesting that the new trial date be set no earlier than February 2024 due to further discovery needed by the parties and the unavailability of Defendant El Camino CC District’s counsel and its witness at the time moving Defendants are requesting the trial to be continued. (Walsh Decl., ¶¶ 2-9.)

The Court finds there is good cause to continue trial as the parties need additional time to conduct discovery. Further, the Court finds good cause exists because of the proximity of the trial date and hearing on Motion for Summary Judgement, which cannot be heard earlier due to the court’s calendar. It does not appear that the other parties would be prejudiced by a trial continuance as Plaintiff has not filed an opposition, and Defendant El Camino CC District filed a response in support. Accordingly, the motion to continue trial is GRANTED.

Conclusion

The motion to continue trial is GRANTED. The July 10, 2023 trial date is continued to March 25, 2024 at 10:00 a.m. in Department 31 of the Stanley Mosk Courthouse. The June 27, 2023 Final Status Conference is continued to March 12, 2024 at 9:00 a.m. in Department 31. All discovery and expert cutoff dates are continued to reflect the new trial date.

Moving party is ordered to give notice.