Judge: Serena R. Murillo, Case: 20STCV41902, Date: 2023-02-28 Tentative Ruling
Case Number: 20STCV41902 Hearing Date: February 28, 2023 Dept: 29
TENTATIVE
Defendant’s motion to continue trial is GRANTED. Trial is continued to February 8,
2024. 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
moves to continue trial to February 10, 2024, arguing good cause exists as Plaintiff
has failed to respond to discovery, and a motion to compel is set for August
29, 2023. Further, Defendant will need additional time for Plaintiff to produce
the information sought and to subpoena Plaintiff’s records and to share those
records with its cardiology expert. Defendant’s cardiology expert will then
require additional time to prepare corresponding reports.
The Court finds there is good cause to continue trial as the hearing
on Defendant’s motion to compel is set after the current trial date due to the
Court’s congested calendar. Further, it does not appear Plaintiff or any other
party would be prejudiced by a trial continuance, and they have not filed an
opposition contending otherwise. Rather, Defendant would suffer prejudice if it
were not afforded additional time to conduct discovery. Moreover, this is just
the first continuance in this matter. Thus, the motion is granted. Trial is
continued to February 8, 2024.
Conclusion
Accordingly, the motion to continue trial is GRANTED. Trial is continued to February 8,
2024 at 8:30 a.m.; FSC January 25, 2024 at 10:00 a.m.. Discovery and motions cutoff dates are to track the new trial date.
Moving party is ordered to give notice.