Judge: Serena R. Murillo, Case: 21STCV03378, Date: 2023-02-01 Tentative Ruling

Case Number: 21STCV03378    Hearing Date: February 1, 2023    Dept: 29

TENTATIVE

Defendant’s motion to continue trial is GRANTED.

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 August of 2023, arguing good cause exists because Defendant has been trying to take the deposition of Plaintiffs to no avail. Once it became clear that plaintiffs would not proceed with their depositions voluntarily, counsel for defendants obtained the first available dates for motions to compel plaintiffs’ attendance at depositions. The first available dates for motions to compel plaintiffs’ depositions in this case are May 1, 2023 and June 26, 2023.

Plaintiffs argue in opposition that the motion is moot because they have agreed to be deposed on January 23 and 24, 2023.

However, Defendant argues in reply that the refusal to appear for noticed depositions accompanied by last-minute notice that Plaintiff would not attend has now spilled over into other areas of discovery, including a physical examination under Code of Civil Procedure section 2032.220.

The Court finds good cause to continue trial as Defendant needs additional time to complete discovery. Further, plaintiffs have not argued that a trial continuance would prejudice them. Whereas Defendant would be prejudiced by going to trial without completing discovery. As such, the motion is granted. However, if Plaintiffs have appeared for deposition, then trial will only be continued to May 15, 2023. If Plaintiffs have not appeared for deposition, then trial is continued to August 8, 2023.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED.

 
The Non-Jury Trial scheduled for 03/10/2023 is continued to 08/08/2023 at 08:30 AM in Department 29 at Spring Street Courthouse.

The Final Status Conference scheduled for 02/24/2023 is continued to 07/25/2023 at 10:00 AM in Department 29 at Spring Street Courthouse.

Moving party is ordered to give notice.