Judge: Serena R. Murillo, Case: 20STCV18978, Date: 2023-01-18 Tentative Ruling
Case Number: 20STCV18978 Hearing Date: January 18, 2023 Dept: 29
TENTATIVE
Defendants’ motion to continue trial is GRANTED.
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 to September 15, 2023, arguing good cause as Defendants need to engage in an extensive amount of discovery after Plaintiff undergoes his recommended surgeries. Defendants will need to re-subpoena and secure the records regarding Plaintiff’s second hip surgery (when it should take place). Second, Defendants will have to provide the requisite records to its retained orthopedic consultant for review and evaluation. Third, Plaintiff will need to resubmit to Defendants orthopedic consultant for another Independent Medical Examination. Fourth, Defendants will have to take (or re-take) certain depositions; for example, the deposition of Dr. Snibbe will need to be retaken since he now has conducted surgery on Plaintiff and now opines that a total hip replacement is necessary.
Plaintiff argues in opposition that the premise of Defendants’ Motion seems to be that trial cannot take place until all of Plaintiff’s treatment is finished. Plaintiff argues that is incorrect as plaintiffs routinely make claims for future care and medical bills; this case is no different. Plaintiff indeed suffered a number of injuries and is now a candidate for six surgeries over the course of his life; however, no doctor has told him that he needs to undergo any of the procedures immediately and no procedures are currently scheduled. This matter has already been continued twice and Defendants do not provide good cause for a third continuance.
The Court finds that there is good cause for continuing the trial date as Defendants still need to complete discovery. While Plaintiff argues he is not scheduled for any surgeries at the moment, Defendants seek to depose Dr. Snibbe's regarding his total hip replacement recommendation because it was only first identified on October, 2022, after Dr. Snibbe disclaimed this recommendation. Additionally, it does not appear that Plaintiff would be prejudiced by a continuance and he has not contended otherwise. Thus, the motion is granted. Trial is continued to September 15, 2023.
Conclusion
Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to September 15, 2023.
Discovery and motion cut-off dates shall be based on the new trial date.
The Non-Jury Trial scheduled for 03/06/2023 is continued to 01/31/2024 at 08:30 AM in Department 29 at Spring Street Courthouse.
The Final Status Conference scheduled for 02/16/2023 is continued to 01/17/2024 at 10:00 AM in Department 29 at Spring Street Courthouse.
Moving party is ordered to give notice.