Judge: Serena R. Murillo, Case: 20STCV29451, Date: 2023-04-13 Tentative Ruling

Case Number: 20STCV29451    Hearing Date: April 13, 2023    Dept: 29

TENTATIVE

Defendant Gloria B. Smith-Chillers' unopposed motion to continue trial and related deadlines is granted. Trial is continued to December 27, 2023.

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 to December 2023, arguing good cause exists because Defendant has been unable to depose Plaintiffs since September 23, 2021. Defendant rescheduled Plaintiffs’ depositions five times, and on the last attempt, Plaintiffs failed to appear. Thus, Defendant has filed a motion to compel Plaintiff’s deposition, which is set for August 25, 2023. Further, Plaintiffs’ counsel withdrew as attorney of record on September 8, 2022. Additionally, Defendant’s counsel needs extra time to subpoena relevant and necessary records and conduct any independent medical examinations as necessary.

The Court finds that there is good cause to continue trial as Defendant still needs to engage in discovery, as it has not yet been completed. Moreover, the hearing on Defendant’s motion to compel the deposition of Plaintiff is set after the trial date due to the Court’s congested calendar. Additionally, it does not appear that Plaintiffs would be prejudiced by a continuance, and they have not filed an opposition contending otherwise. Thus, the motion is granted. Trial is continued to December 27, 2023.

Conclusion

The motion to continue trial and all related deadlines is GRANTED. Trial is continued to December 27, 2023 at 8:30 a.m. FSC December 12, 2023 at 10:00 a.m. Discovery cut-off and motion cut-off dates shall be based on the new trial date.

Defendant to give notice.