Judge: Serena R. Murillo, Case: 21STCV29601, Date: 2022-12-13 Tentative Ruling

Case Number: 21STCV29601    Hearing Date: December 13, 2022    Dept: 29

TENTATIVE

Defendants Long Beach Travel Center, Inc. and Shell USA, Inc. fka Shell Oil Company’s motion to continue the trial and all related dates is GRANTED.

Trial is continued from February 8, 2023, to September 8, 2023, at 8:30 a.m., and the FSC is continued from January 25, 2023, to August 25, 2023, 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

Defendants move to continue trial from its current date of February 8, 2023, to a date between August 8 and October 8, 2023. 

The Court finds that the Defendants have established good cause to continue the trial. Defense counsel explains that although Plaintiff filed her Complaint on August 11, 2021, Defendants were not served until June 2022. (Motion, declaration of Karen Harmeling (“Harmeling Decl.”), ¶ 3.) In addition, Defendants served Plaintiff several discovery requests on August 2, 2022, but Plaintiff did not serve her responses until October 6, 2022. (Harmeling Decl., ¶ 3.) Defendants also issued subpoenas for Plaintiff’s medical records and medical billing, but to date no documents have been received. (Harmeling Decl., ¶ 5.) Defendants seek more time to complete discovery, prepare their defenses, and participate in mediation. (Harmeling Decl., ¶ 6.) Plaintiff’s counsel does not oppose the continuance. (Harmeling Decl., ¶ 7.)

Accordingly, Defendants’ motion is GRANTED.

Conclusion

Defendants Long Beach Travel Center, Inc. and Shell USA, Inc. aka Shell Oil Company’s motion to continue the trial and all related dates is GRANTED.

Trial is continued from February 8, 2023, to September 8, 2023, at 8:30 a.m., and the FSC is continued from January 25, 2023, to August 25, 2023, at 10:00 a.m. All discovery and motion cutoff dates to follow the new trial date.

Moving party is ordered to give notice.