Judge: Serena R. Murillo, Case: 20STCV25074, Date: 2023-04-07 Tentative Ruling

Case Number: 20STCV25074    Hearing Date: April 7, 2023    Dept: 29

TENTATIVE

The Defendants' unopposed motion to continue trial and related dates is GRANTED. Trial is continued to February 23, 2024. All motion and discovery cutoff dates shall be based on 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. (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

Defendant moves to continue trial and all other related deadlines to February 23, 2024, arguing good cause exists. First, Defendants filed motions to compel Plaintiffs’ responses to written discovery on January 13, 2023, which are are set to be heard on September 12, 2023, and September 13, 2023. These hearing dates were the first available. Despite having the discovery for over a year and the motions for 2 months, Plaintiffs still have not served any responses. Second, Defendants have filed motions to compel Defense Medical Examinations, set for September 12, 2023 and September 13, 2023, which were also the first hearing dates available. Defendant argues that on August 12, 2022, Defendants served Amended Demands for Defense Medical Examination of Plaintiffs to take place on January 13, 2023, with orthopedic surgeon Michael Weinstein, M.D. Despite having almost 6 months’ notice of the examinations, Plaintiffs’ counsel contacted Dr. Weinstein’s office directly on January 11, 2023 to cancel Plaintiffs’ examinations.

The Court finds there is good cause to continue trial as defense counsel still needs to conduct basic discovery, Plaintiff has been unresponsive, and the motions to compel Plaintiffs’ discovery are set after the trial date in this matter due to the Court’s congested calendar. Further, Plaintiffs have not opposed this motion, and thus, it does not appear they would be prejudiced by a continuance. As such, Defendant’s motion is granted. Trial is continued to February 23, 2024. All motion and discovery cutoff dates shall be based on the new trial date.

Conclusion

Accordingly, the motion to continue trial and related dates is GRANTED. Trial is continued to February 23, 2024 at 8:30 a.m.; FSC February 14, 2023 at 10:00 a.m.  All motion and discovery cutoff dates shall be based on the new trial date.

Moving party is ordered to give notice.