Judge: Serena R. Murillo, Case: 20STCV28172, Date: 2023-04-14 Tentative Ruling

Case Number: 20STCV28172    Hearing Date: April 14, 2023    Dept: 29

TENTATIVE

The motion to continue trial and related dates is GRANTED. Trial is continued to October 23, 2023 at 8:30 a.m.; FSC October 12, 2023 at 10:00 a.m.. 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

Plaintiff moves to continue trial and all other related deadlines to October 2023. Plaintiff must undergo a L4-L5 spinal fusion XLIF surgery with Dr. Lee from Congress Orthopedic Associates. This surgery was previously approved and authorized for March 7, 2023, however, Plaintiff had to postpone it due to a family emergency. Due to her family emergency, Plaintiff’s medical treatment and recent L4-L5 spinal fusion XLIF surgery resulting from her lower back injuries is now on hold. Plaintiff recently underwent a spinal column injection, under anesthesia, on March 10, 2023, with Dr. Lee to help Plaintiff manage her pain in the interim. Plaintiff’s postponed surgery is a “significant, unanticipated change in the status of the case” which has impacted the parties’ trial preparation including completing regular and expert discovery. The parties have been diligent in discovery and have completed Plaintiff, Defendant Santos, Defendant Fleming, and Dr. Lorraine Purino’s depositions. The parties need additional time to obtain Plaintiff’s most recent medical procedure records, her post-surgery medical records once Plaintiff undergoes surgery and to further evaluate the nature and extent of Plaintiff’s injuries. The parties need additional time to set Dr. Lee’s deposition, which will be scheduled soon after Plaintiff’s surgery. Dr. Lee’s deposition is crucial as Plaintiff has mainly treated with him for her pre-existing lumbar injuries that were exacerbated after her 2018 motor vehicle accident. Defendants agree to a continuance.

The Court finds there is good cause to continue trial as Plaintiff’s postponed surgery has delayed discovery. Further, it appears no party would be prejudiced by a continuance as Plaintiff states Defendants have agreed and no party has opposed this motion. Thus, the motion is granted. Trial is continued to October 23, 2023. 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 October 23, 2023. All motion and discovery cutoff dates shall be based on the new trial date.

Moving party is ordered to give notice.