Judge: Serena R. Murillo, Case: 20STCV23346, Date: 2023-05-02 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 

IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 

ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV23346    Hearing Date: May 2, 2023    Dept: 29

TENTATIVE

Defendant Food 4 Less of California, Inc.’s motion to continue trial is GRANTED. Trial is continued to December 6, 2023. Discovery and motion cutoff dates shall be based on the new trial date.

Legal Standard

Trial continuances are disfavored and may be granted only on an affirmative showing of good cause.  (CRC 3.1332(c); Thurman v. Bayshore Transit Mgmt., Inc. (2012) 203 Cal.App.4th 1112, 1127.)  Dates assigned for trial are firm, and parties and their attorneys must regard these dates as certain to ensure prompt disposition of civil cases.  (CRC 3.1332(a).)  

However, CRC, Rule 3.1332(c) states, in relevant part: “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. CRC, Rule 3.1332(c) lists several circumstances that may indicate good cause, including the unavailability of witnesses, the unavailability of parties, the unavailability or substitution of trial counsel, the addition of new parties, a party’s excused inability to obtain material evidence, or a significant, unanticipated change in the case’s status. (CRC, Rule 3.1332(c)(1)-(7).) 

Further, CRC, Rule 3.1332(d) states: “In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These 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 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; and (11) Any other fact or circumstance relevant to the fair determination of the motion or application.” 

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 to April of 2024, arguing that there is good cause because defense counsel Jennifer W. Naples will be on a prepaid family vacation during the current trial date and will be unable to fully prepare for the litigation and attend trial; Defendant propounded written discovery on Plaintiff on February 22, 2022, and Defendant received Plaintiff's unverified responses, which are tantamount to no responses, a year later on February 15, 2023; Plaintiff objected to her first IME three months after receiving the demand, and her IME was then reset for February 3, 2023, where it was discovered for the first time that Plaintiff had undergone additional surgery; and due to Plaintiff’s additional treatment, Defendant requires additional time to conduct further discovery, including propounding written discovery and subpoenaing medical records.

Defendant has presented sufficient facts to show that there is good cause to continue trial. Plaintiff has not disputed that Defendant only recently found out about additional treatment in February of 2023. While Plaintiff argues Defendant has been dilatory in conducting discovery since then, it has only been two months and further, Defendant has stated that it has already began subpoenaing the medical records. Plaintiff’s argument that Defendant does not need a ten-month continuance simply because counsel is going on vacation is valid, but that is not the only good cause shown. Defendant also needs to conduct additional discovery due to a significant, unanticipated change in the status of the case, i.e., Plaintiff’s additional surgery. Moreover, Plaintiff has not explained how she would be prejudiced by a continuance. However, the additional discovery Defendant seeks to conduct will not take ten months. As such, the Court will only grant a six-month continuance. As such, the motion is granted. Trial is continued to December 6, 2023. Discovery and motion cutoff dates shall be based on the new trial date.

Conclusion

Accordingly, Defendant’s motion to continue trial is GRANTED. Trial is continued to December 6, 2023. Discovery and motion cutoff dates shall be based on the new trial date.

Moving party is ordered to give notice.