Judge: Serena R. Murillo, Case: 20STCV31288, Date: 2023-05-04 Tentative Ruling
Case Number: 20STCV31288 Hearing Date: May 4, 2023 Dept: 29
TENTATIVE
Defendants’ unopposed motion to continue trial is
GRANTED. Trial is continued to December 4,
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
Defendants
move to continue trial to December of 2023, arguing that Plaintiffs
are seeking damages in excess of the $250,000/$500,000 policy limit. However,
Defendants’ medical billing expert, Henry Lubow, M.D., who will address, among
other things, the reasonable value of Plaintiffs’ medical damages, which would
directly challenge Plaintiffs’ professed damages, is scheduled for knee
replacement surgery. Therefore, Dr. Lubow will be unavailable for deposition
and trial for the current trial date.
The Court finds there is good cause to continue trial as Defendants’
experts are not available on the date currently set. Moreover, it does not
appear that Plaintiffs would be prejudiced by a short continuance, and they
have not filed an opposition contending otherwise. The motion is therefore
granted, and trial is continued to December 4, 2023.
Conclusion
Accordingly, the motion to continue trial is GRANTED. Trial is continued to December 4,
2023 at 8:30 a.m.; FSC November 20, 2023 at 10:00 a.m..
Moving party is ordered to give notice.