Judge: Serena R. Murillo, Case: 20STCV24334, Date: 2022-09-07 Tentative Ruling

Case Number: 20STCV24334    Hearing Date: September 7, 2022    Dept: 29

Raymond Daniels v. Erik Richard Lemus Lopez, et al.

Wednesday, September 7, 2022 

TENTATIVE

The motion to continue trial and related dates is GRANTED. Trial is continued to January 30, 2023.

Legal Standard

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).) 

Discussion

Defendants move to continue trial and all related deadlines, arguing that good cause exists because for several months prior to filing this motion defense counsel has been under the care of a physician for a medical condition, and has a medically necessary surgery scheduled for September 8, 2022. The projected recovery time is 4 to 6 weeks, which coincides with the trial date of September 28, 2022. Defendants also argue there has been no prior continuances, and that Plaintiff will not be prejudiced by the continuance.

Plaintiff agrees only to a brief continuance, and opposes continuing discovery related deadlines. Plaintiff argues that there is no good cause to continue the related deadlines. Both parties have already designated experts, and certain expert depositions are already set to take place, continuing all dates would cause unnecessary expense on the parties for the expert depositions already set. Plaintiff argues Defendants would have to show that their inability to obtain certain “testimony, documents, or material” was despite “diligent efforts,” which they have not shown.

In reply, Defendants argue that expert discovery has not yet been completed, and defense counsel should be permitted to participate in that discovery.

The Court finds there is good cause to continue trial as defense counsel is unavailable due to a medical condition and medically necessary surgery. Further, there have been no prior continuances in this matter, and Plaintiff has not argued he would be prejudiced by the delay. In addition, defense counsel still needs to conduct discovery, and has been under the care of a physician for the past several months, which the Court finds is an excused inability to obtain discovery. As such, Defendants’ motion is granted. Trial is continued to January 30, 2023. Related deadlines are to coincide with the new trial date.

Conclusion

Accordingly, the motion to continue trial and related dates is GRANTED. Trial is continued to January 30, 2023.

Moving party is ordered to give notice.