Motion to Continue Trial filed by Defendant Flaming Saddles WEHO, LLC

TENTATIVE

The motion to continue trial is granted. Trial is continued to March 15, 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

Defendant moves to continue trial to March 15, 2023, arguing good cause exists because there is essential discovery pending which cannot be completed prior to the current discovery cutoff, a result of which is the case is not ready for trial. In addition, the Parties have agreed to participate in mediation and have selected the first available date with the mediator, which is February 2, 2023. Further, the parties stipulate to continue trial.

The Court finds there is good cause to continue trial as the parties still need to conduct discovery and because mediation is scheduled for February 2, 2022, which is after the current trial date. Moreover, the parties all stipulate to a continuance. Thus, the motion is granted. Trial is continued to March 15, 2023.

Conclusion

Accordingly, the unopposed motion to continue trial and related deadlines is GRANTED. Trial is continued to March 15, 2023.

Moving party is ordered to give notice.