Judge: Serena R. Murillo, Case: 20STCV30303, Date: 2023-03-30 Tentative Ruling

Case Number: 20STCV30303    Hearing Date: March 30, 2023    Dept: 29

TENTATIVE

The motion to continue trial and related dates is GRANTED. Trial is continued to December 11, 2023. 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 and Defendant jointly move to continue trial and all other related deadlines to December 11, 2023, arguing good cause exists because Plaintiff’s trial counsel is pregnant and her due date is April 19, 2023. As such, Plaintiff’s counsel will not be able to adequately prepare for trial and is likely unavailable for trial. Further, due to personnel changes in her office, there is no other attorney who can step in for trial at such a late date. Further, Defendant argues that it has been extremely difficult for defense counsel to find a qualified medical professional reasonably close to Plaintiff’s residence in Philadelphia, who was willing and available to conduct an orthopedic IME, and to coordinate a date for the examination that a date that worked for both Plaintiff and the doctor. Plaintiff’s orthopedic IME is currently scheduled for May 10, 2023. The soonest date that both Plaintiff and the doctor were available. This date is beyond the current discovery cut-off date and after the current May 1, 2023 trial date. Further, the parties have had difficulty obtaining records from Plaintiff’s employer at the time of the incident. Since her alleged loss of earnings and loss of earning capacity are the largest component of her alleged special damage, it is essential that the parties obtain those records as they are needed both to evaluate Plaintiff’s claims for the purpose of potential settlement; and if the case does not settle, to prepare their respective cases for trial. Also, the parties wish to attempt to resolve this case by way of private mediation, and have not found a mutually agreeable mediator that is available before the current May 1, 2023 trial date.

The Court finds there is good cause to continue trial. First, Plaintiff’s counsel is unavailable as her due date is approaching. Second, Defendant still needs to conduct discovery. And third, the parties wish to participate in mediation. Further, it does not appear either party would be prejudiced by a continuance, as both parties have articulated separate reasons providing for good cause to continue trial. As such, the motion is granted. Trial is continued to December 11, 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 December 11, 2023 at 8:30 a.m.; FSC November  27, 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.