Motion to Continue Trial filed by Defendant Benjamin Amouna

TENTATIVE

The motion to continue trial and related deadlines is granted. Trial is continued to April 24, 2023.

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 April 17, 2023 and for all related deadlines to correspond to the new trial date, arguing that an orthopedic examination was initially set for August 24, 2022. Plaintiff notified defendant on August 23, 2022 that he had a family emergency for which he was flying out of state, and would not appear for his scheduled physical examination the next day. The medical examination was then continued to January 11, 2023, the doctor’s first available appointment for the examination. Defendant will be unable to complete all of his discovery of Plaintiff’s claimed injuries by the current trial date of January 23, 2023. Realistically, defendant will be unable to have the examination completed, receive the doctor’s report, and conduct any post-examination discovery prior to the trial date. Defendant will be irreparably harmed in preparing his defense if the trial date is not continued and he is unable to have Plaintiff examined to determine the nature and extent of his injuries attributable to the subject accident and the necessity and reasonableness of his medical treatment.

The Court finds that there is good cause for continuing the trial date as discovery is not yet complete. Moreover, this would be the first trial continuance. Additionally, it does not appear that Plaintiff would be prejudiced by a continuance and Plaintiff has not filed an opposition contending otherwise.  Thus, the motion is granted. Trial is continued to April 17, 2023.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to April 17, 2023. Discovery cut-off and motion cut-off dates shall be based on the new trial date.

Moving party is ordered to give notice.