Judge: Serena R. Murillo, Case: 20STCV24917, Date: 2023-01-19 Tentative Ruling

Case Number: 20STCV24917    Hearing Date: January 19, 2023    Dept: 29

TENTATIVE

Defendants Kiana Tucker and Rosie Tucker’s unopposed 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 January 10, 2024, arguing good cause exists on the basis that the first available date on the Court’s calendar for Defendants’ Motion to Compel Kaiser Permanente to Comply with Depositions Subpoena for Production of Records is June 20, 2023, which is after the current trial date of June 19, 2023.

The Court finds that there is good cause for continuing the trial date as Defendants still need to complete discovery. Additionally, it does not appear that Plaintiff would be prejudiced by a continuance and she has not filed an opposition contending otherwise.  Thus, the motion is granted. Trial is continued to January 10, 2024.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to January 4, 2024. Discovery and motion cut-off dates shall be based on the new trial date.

Moving party is ordered to give notice.