Judge: Serena R. Murillo, Case: 20STCV31300, Date: 2023-01-17 Tentative Ruling

Case Number: 20STCV31300    Hearing Date: January 17, 2023    Dept: 29

CASE NUMBER: 20STCV31300

[UNOPPOSED] 

Motion to Continue Trial filed by Defendants Clare Olson, and C.L. Olson & Associates, Inc.

Background

On August 18, 2020, Plaintiff Julie Bebek filed this action against Defendants Clare Olson, and C.L. Olson & Associates, Inc., for motor vehicle negligence, stemming from a vehicle collision that occurred on August 28, 2018.

On December 19, 2022, Defendants filed this motion to continue trial. No opposition has been filed.

Trial is set for March 3, 2023.

Summary

            Moving Arguments

Defendants move to continue trial to June 5, 2023, arguing good cause exists because their Motion for for Leave to Conduct a Second Independent Medical Examination is set to be heard on February 7, 2023. Defendants argue the medical examination by Dr. Kvitne is crucial as Plaintiff is alleging injuries to her shoulder, chest, neck, hips, lower back, and knee. Dr. Kvitne’s first availability after the February 7, 2023 hearing is on February 15, 2023. Accordingly, Dr. Kvitine will not have enough time to conduct the exam and provide his report prior to the trial in this matter, which is set for March 3, 2023.

            Opposing Arguments

None filed.

            Reply Arguments

None filed.

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 June 5, 2023, arguing good cause exists because Plaintiff has indicated she would not be produced for a Second Independent Medical Examination (IME). Thus, Defendants’ Motion for Leave to Conduct a Second IME is set to be heard on February 7, 2023. Defendants argue the medical examination by Dr. Kvitne is crucial as Plaintiff is alleging injuries to her shoulder, chest, neck, hips, lower back, and knee. Dr. Kvitne’s first availability after the February 7, 2023 hearing is on February 15, 2023. Accordingly, Dr. Kvitine will not have enough time to conduct the exam and provide his report prior to the trial in this matter, which is set for March 3, 2023.

The Court finds that there is good cause for continuing the trial date as Defendants still need to complete discovery. Additionally, it does not appear that Plaintiff would be prejudiced by a continuance and she has not filed an opposition contending otherwise.  Thus, the motion is granted. Trial is continued to June 5, 2023.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to June 5, 2023. Discovery and motion cut-off dates shall be based on the new trial date.