Judge Serena R. Murillo, Case 21STCV27256 2022-12-20 Tentative Ruling

Judge: Serena R. Murillo, Case: 21STCV27256, Date: 2022-12-20 Tentative Ruling

Case Number: 21STCV27256 Hearing Date: December 20, 2022 Dept: 29

TENTATIVE

Defendants Josh, Farid, and Edna Saghizadeh’s Motion to Continue Trial is GRANTED.

Trial is continued from January 23, 2023, to Wednesday, April 10, 2024, at 8:30 a.m., Dept. 29, and the FSC is continued from January 9, 2023, to Wednesday, April 3, 2024, at 10:00 a.m. All discovery and motion cutoff dates to follow the new trial date.

Legal Standard

“To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Cal. Rules of Court, rule 3.1332, subd. (a).)

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (Cal. Rules of Court, rule 3.1332, subd. (c).)

“In ruling on a motion or application for continuance, the court must consider all the circumstances that are relevant to the determination. These 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; ¶ … ¶ …¶ …¶ (7) The court’s calendar and the impact of granting a continuance on other pending trials; ¶ … ¶ … ¶ (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.” (Cal. Rules of Court, rule 3.1332, subd. (d).)

Discussion

To address Plaintiffs’ point about Defendants’ request to transfer this case to an independent calendar, on December 8, 2022, the Court denied the request.

Defense counsel attests to the following facts in support of the motion to continue trial. On September 26, 2022, Defendants received the last of the transcripts from the depositions that Plaintiffs took of the Defendants (on August 15 and 16, 2022). (Motion, declaration of Kirk S. Comer (“Comer Decl.”), ¶ 3.) Defendants needed the testimony in those transcripts to support their motion for summary judgment. (Comer Decl., ¶ 3.) Afterwards, on November 10, 2022, Defendants reserved the first available hearing date for summary judgment, which was March 8, 2024. (Comer Decl., ¶ 3.) The parties are still in the middle of a discovery dispute that will affect the evidence presented in the motion for summary judgment. (Comer Decl., ¶ 4.) There have been no prior trial continuances. (Comer Decl., ¶ 7)

Defendants argue that interests of justice are best served by a continuance because they will have the time to obtain evidence to defend themselves. In addition, the continuance will allow the Court to hear Defendants’ motion for summary judgment on a reserved date, instead of trying to move it to an earlier date on its congested calendar.

Plaintiffs submitted a one paragraph opposition contending that they will suffer prejudice if trial is continued to 2024, without explaining how they will be prejudiced.

The Court finds it proper to grant the motion as this case is fairly young (filed on July 26, 2021), this will be the first trial continuance, Defendants have presented good cause for granting the motion, and Plaintiffs have failed to show prejudice.

Accordingly, the motion is granted.

Conclusion

Defendants Josh, Farid, and Edna Saghizadeh’s Motion to Continue Trial is GRANTED.

Moving party is ordered to give notice.