Judge: Serena R. Murillo, Case: 21STCV14042, Date: 2023-05-05 Tentative Ruling
Case Number: 21STCV14042 Hearing Date: May 5, 2023 Dept: 29
TENTATIVE
Defendant City of San
Dimas’ motion to continue
trial is GRANTED. Trial is continued to August 19,
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 City moves to continue trial,
arguing good cause exists as it anticipates filing a Motion for Summary
Judgment, which will be heard on July 9, 2024. Due to the Court’s calendar
congestion, the City was unable to procure a hearing date before July 9, 2024,
which is after the current trial date of October 10, 2023.
The Court finds there is good cause to continue trial as the hearing
on Defendant’s MSJ is set after the current trial date. Further, Plaintiff has
not filed an opposition arguing Plaintiff would be prejudiced. As such, it
appears no party would be prejudiced by a continuance. Thus, the motion is
granted. Trial is continued to August 19, 2024.
Conclusion
Accordingly, the motion to continue trial is GRANTED. Trial is continued to August 19, 2024 at 8:30 a.m.; FSC August 8, 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.