Judge Serena R. Murillo, Case 20STCV38833 2023-04-21 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV38833, Date: 2023-04-21 Tentative Ruling

Case Number: 20STCV38833 Hearing Date: April 21, 2023 Dept: 29

TENTATIVE

Defendant/Cross-Defendant R&S Contract Flooring, Inc.’s unopposed motion to continue trial is GRANTED. Trial is continued to December 15, 2023. Discovery and motions cutoff dates are to track 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

Defendant/Cross-Defendant moves to continue trial to December 15, 2023. Cross-Defendant appeared in this matter for the first time on August 19, 2022, and propounded a Request for Prior Pleadings and Discovery on or about September 14, 2022. Cross-Defendant received responses to the Demand for Prior Pleadings and Discovery between December 20, 2022, and February 14, 2023, from Plaintiff and Defendants/Cross-Complainants. Now, the parties are set for mediation on May 17, 2023. Although Plaintiff’s deposition was previously taken by Defendants/Cross-Complainants, Cross-Defendant only recently received the transcript and did not have the opportunity to assess whether there was a need to conduct Plaintiff’s deposition or an Independent Medical Examination from Cross-Defendant’s standpoint. Additionally, no depositions of Cross-Defendant have been conducted. The parties all agree to continue trial for six months.

The Court finds there is good cause to continue trial as Defendant/Cross-Defendant has only recented appeared in this case, and only received discovery a few months ago. Moreover, Cross-Defendant needs additional time to conduct its own discovery if the mediation does not resolve the matter. Moreover, all parties agree and thus, no party would be prejudiced. The motion is therefore granted, and trial is continued to December 15, 2023. All discovery and motion cutoff dates shall be based on the new trial date.

Conclusion

Accordingly, the motion to continue trial is GRANTED. Trial is continued to December 15, 2023. Discovery and motions cutoff dates are to track the new trial date. (JA to set FSC)

Moving party is ordered to give notice.